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IP Addresses Not Enough To ID Users

phaedrus5001, with his first accepted story, points out an article at Ars Technica from which he's excerpted a chunk relevant to nearly anyone with an internet connection: "A file-sharing lawyer admitted this week that IP addresses don't by themselves identify someone accused of sharing copyrighted material online. To figure out who actually shared the pornographic movie at the center of the case, lawyer Brett Gibbs of Steele Hansmeier LLC told the judge (PDF) he would need to search every computer in the subscriber's household."

266 comments

  1. Really? First accepted Story? by Anonymous Coward · · Score: 5, Insightful

    Does it really matter? Do we need to know every time it's someone's first accepted story? I know I get a good feeling deep down in my heart to know that phaedrus5001 has finally found acceptance...

  2. nothing found by Anonymous Coward · · Score: 1

    So... what If I'm a nice guy, let them search, and they find nothing?

    1. Re:nothing found by Anonymous Coward · · Score: 0

      As your attorney, I advise you to tell him to go fuck himself. Hard.

    2. Re:nothing found by ThorGod · · Score: 1

      So... what If I'm a nice guy, let them search, and they find nothing?

      They get the geek squad guys to plant something.

      --
      PS: I don't reply to ACs.
    3. Re:nothing found by Hatta · · Score: 3, Insightful

      They always find something. It only takes six lines written by the most honest man to find something on which to hang him.

      --
      Give me Classic Slashdot or give me death!
    4. Re:nothing found by Anonymous Coward · · Score: 2, Informative

      As your attorney, I advise you to tell him to go fuck himself. Hard.

      As his attorney, it's your legal obligation to refer the accuser to the response given in Arkell v. Pressdram.

    5. Re:nothing found by Jeng · · Score: 1

      And if they find nothing you might not receive your computers back until they are old and obsolete. Or not at all.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    6. Re:nothing found by SydShamino · · Score: 1

      That quote is not based on the content of those six lines, but on the fact that, with six lines of handwritten text, you could find someone able to forge an incriminating document in that handwriting.

      These days I think it takes substantially less. You don't need any text from someone to plant a few ounces of cocaine or (even worse) an RIAA song.

      --
      It doesn't hurt to be nice.
    7. Re:nothing found by artor3 · · Score: 1

      They can still sue you, and just claim you must have destroyed the evidence. But if they do find something, you're royally fucked.

      It's like talking to cops. You can't talk yourself out of being arrested. You can talk yourself into deeper trouble. Take advantage of your rights, because no one else is going to have your interests at heart as much as you do.

    8. Re:nothing found by _0xd0ad · · Score: 1

      Citation needed. I have never heard your interpretation of that quote. The original quote clearly indicates that something in those six lines can be used to hang him, and I don't believe that meant the handwriting.

    9. Re:nothing found by robot256 · · Score: 1

      http://en.wikiquote.org/wiki/Cardinal_Richelieu Wikiquote agrees; the handwriting interpretation is one I have heard before but is likely just a cynical satire upon the original context.

    10. Re:nothing found by Smauler · · Score: 1

      You don't need any text from someone to plant a few ounces of cocaine or (even worse) an RIAA song.

      As someone who has been caught by the police with cocaine on myself...

      I'd much prefer to be caught with cocaine than being caught doing interesting things on a sensitive (or even bland) server.

    11. Re:nothing found by ScrewMaster · · Score: 1

      They can still sue you, and just claim you must have destroyed the evidence. But if they do find something, you're royally fucked.

      It's like talking to cops. You can't talk yourself out of being arrested. You can talk yourself into deeper trouble. Take advantage of your rights, because no one else is going to have your interests at heart as much as you do.

      What it comes down to is this: don't offer any information to the cops beyond the bare minimum. Miranda says it all: it will be used against you. Don't say anything until you've spoken to your lawyer, because you may compromise his ability to help you if you shoot off your mouth. Nothing ruins a defense attorney's day faster than finding out you already incriminated yourself.

      The IP / law enforcement fiasco that America is suffering right now reminds me of a scene from the old Max Headroom show. Edison Carter gets framed for credit fraud, and when his boss finds out he says, "That's worse than murder!" In that future society, costing a corporation money was considered more heinous than an act of murder. That series was prophetic in a number of ways, and we are seeing increasingly heavy penalties applied to less and less intrinsically serious "crimes". That's being done at the behest of some very large corporations, organizations that are exerting criminal influence upon our elected officials. Fine, so citizen X has a couple hundred illegally-copied MP3s on his computer. Should that be enough to have his life turned upside down, bankrupted, and left with nothing? People commit actual violent crimes in our society and suffer far less punishment. It's just ridiculous.

      How about we turn the (apparently blind) eye of law enforcement upon certain corrupt Congresspeople and their media industry paymasters? The ones that shifted the balance of power in copyright so far in favor of the holder that it no longer serves its Constitutional mandate? Yeah, those. This is a serious matter: people's lives are being destroyed over trivia, in an act of domestic terrorism that cannot be ignored. Neither can we ignore the overall cost to society of extreme copyright: it hurts us all, most especially those who are capable of the act of creation.

      What makes this even more tragic is that the deterrent effect that the RIAA has been trying to generate with their lawsuit mill has been anything but effective. In fact, it isn't working. Another poster quoted Wil Wheaton: Wil almost got it right when he said the entertainment industry needs to make it easy for people to legitimately acquire content. That's entirely true, but they also need to make it reasonably priced. Twenty bucks for a plastic disc that has a dozen songs, most of which are filler? Please. Even iTunes' buck or so a track is excessive. So, in the age of a global network maybe you don't get to charge whatever the hell you want for your product: maybe you need to focus more on being a good value instead. That's a tough sell to the music industry, in particular, since for most of their existence they've been accustomed to offering the exact opposite.

      That's too bad. Times change.

      --
      The higher the technology, the sharper that two-edged sword.
    12. Re:nothing found by Trogre · · Score: 1


      1. They always find something. It only takes six lines written by the most honest man to find something on which to hang him.
      2.
      3. --
      4. Censorship is obscene.
      5. Patriotism is bigotry.
      6. Slashdot is unusable without noscript.

      Got you

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    13. Re:nothing found by ThisIsSaei · · Score: 1

      I'm confused by this. I agree that the way they're enforcing, and the extent that they're enforcing IP claims in horrible. I don't agree, and strongly so, that the price of a CD has anything to do with my rights to steal it. It doesn't matter if they asked $1M USD per disc - that doesn't legitimize your theft.

    14. Re:nothing found by zeroshade · · Score: 1

      I'm confused by this. I agree that the way they're enforcing, and the extent that they're enforcing IP claims in horrible. I don't agree, and strongly so, that the price of a CD has anything to do with my rights to steal it. It doesn't matter if they asked $1M USD per disc - that doesn't legitimize your theft.

      Regardless whether you believe the price of a CD has anything to do with your rights to "steal" it (ugh, copyright infringement is NOT theft, it's copyright infringement!). It is still, in fact, a reason why piracy exists. And if the music industry, or any other "suffering" from piracy wants to do anything about it, they have to realize that the current prices and lack of value provided for that price is one of the major reasons why piracy exists.

    15. Re:nothing found by ThisIsSaei · · Score: 1

      All I see are rationalizations for stealing, yes stealing - that's taking something without paying for it. If I make art and charge x, you have two choices pay x, or don't buy it. The third option of "I think x is too high so I get to take it, wheeeeee!~" is childish. Shame.

    16. Re:nothing found by Visserau · · Score: 1

      You almost have a point but missed the key factor: he isn't stealing your physical art.

      The correct analogy for what GP is saying would be if he decided your art was too expensive, took a photo with his phone and then printed out a copy when he got home.

      I certainly agree this is theft of a kind - you don't get the income you normally would. However you still keep your art and can do whatever you want, including sell copies.

      GP's argument is that if someone is selling their art in a steetside stall and charging $1M for some sketches that took a few hours with no real effort put into them, the artist has no real justification to be surprised when people snap pictures instead. (Just to cover the bases: the printed copy is obviously an inferior copy, whilst in the case of digital copying the copy is prefect or even better in the case of killing DRM. That's obviously a difference - I was just attempting to clarify in terms of your analogy)

    17. Re:nothing found by ThisIsSaei · · Score: 1

      Making a digital copy isn't a 'cellphone snapshot', it's a verbatim copy. You rationalize theft by saying there's a loss of quality, and inferring that the original was of shoddy quality ('sketches that took a few hours with no real effort put into them'). I can only wonder why you think people want bad quality pictures of bad sketches, but I think it's a point you're making to distance yourself from the act of theft so you can feel better about it.

      When you copy and torrent a program you're ensuring that a company does not see return on money they paid developers. You're indirectly getting developers fired and promoting shitty software. Keep telling yourself it's not theft.

    18. Re:nothing found by zeroshade · · Score: 1

      You're still missing the point. Piracy exists because the pirates provide a better product in many cases. Whether by stripping out the DRM, allowing multiple easy format shifting, or whatnot. No one is rationalizing in this thread, just pointing out the social situations which cause piracy to exist.

      When you copy and torrent a program you're ensuring that a company does not see return on money they paid developers.

      This is demonstrably false. There are many programs which are as prevalent and make as much as they do due to piracy. Look at Adobe Photoshop. Why do you think Adobe has never sued anyone? Because pirates download and learn how to use the Photoshop software. They go to school for graphic design. Then they enter an industry only really knowing how to use photoshop, so the industry continues to use it. The school buys licenses and teaches Photoshop because that's what the industry uses, and the pirates continue to download and get Photoshop because it's what the industry uses. It's a cycle that makes millions of dollars for Adobe all because of piracy.

      You're indirectly getting developers fired and promoting shitty software.

      I understand where you get the impression that pirates are getting developers fired, but how does piracy promote shitty software? That just makes no sense.

      Anyways, I've gone off topic. The point that's being made is the distinction between theft and copyright infringement. Theft requires the removal of access from the owner. If I copy something, then it is not theft because the original is still accessible by the owner. If you want to call copyright infringement theft, then it should have the same penalties of theft, not the million dollar fines. If it is theft, then treat it like theft. It is not theft, therefore it is not treated like theft. You can call it theft, but you are wrong. Copyright infringement, by definition, is not theft.

  3. Or outside the user's household.... by Anonymous Coward · · Score: 0

    If someone was connected to his 802.11 network.

    1. Re:Or outside the user's household.... by arbiter1 · · Score: 1

      don't tell him that cause then rest of us who drive by his/her house on a daily basis will get our stuff searched as well.

  4. Open Wifi Hotspot by firex726 · · Score: 2

    In the case of an open Wifi hotspot would it also mean all the neighbors in range too?
    (I bet they'd probably just stick the owner of the router with the bill)

    1. Re:Open Wifi Hotspot by tepples · · Score: 1

      I bet they'd probably just stick the owner of the router with the bill

      Using a theory of contributory and/or vicarious infringement, I suppose.

    2. Re:Open Wifi Hotspot by firex726 · · Score: 1

      By that same logic, we should charge the city when there are drug deals made, after all the people involved used roads to drive to the meeting spot.

    3. Re:Open Wifi Hotspot by Penguinisto · · Score: 1

      Or, if they did the offending P2P at a coffee shop, or other business.

      Yes, I know - I'm fairly sure that most of those establishments would vigorously fight back against an **AA lawyer trying to shut down every computer in the establishment for a fishing expedition, nor would the **AA want to even try in most cases (esp. if we're talking about a national chain that may have a bigger/better legal department). So, if corporations should be allowed to avoid having all the computers on their site ripped into/confiscated/whatever, then why do individuals have to put up with it?

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:Open Wifi Hotspot by h4rr4r · · Score: 1

      And the car companies, they used those to drive down those roads.

    5. Re:Open Wifi Hotspot by firex726 · · Score: 1

      I think in that case they aren't being exempted, they could still be searched if needed, it's just that it'd be too much trouble for the **AA.

    6. Re:Open Wifi Hotspot by Anonymous Coward · · Score: 0

      Because some "people" are more equal than others...

    7. Re:Open Wifi Hotspot by gforsythe · · Score: 1

      And to expand on this, in the opposite direction, and expound the lunacy of our legislative systems... Let's blame the planet, because, after all, it has provided the natural resources that allow erythroxylum coca and cannabis to grow, thus allowing it to be processed and sold illegally and as such is contributing to the crime. ps, not a slight on firex726, but a slight on government in making, enforcing and judicizing rediculous laws.

    8. Re:Open Wifi Hotspot by CharlyFoxtrot · · Score: 1

      That's a bad analogy because the city is taking reasonable precautions against drug dealing by employing a police force. If you just leave your Wifi connection open to everyone as an excuse you are not taking reasonable precautions against illegal use of this service you are offering literally everyone off of the street.

      --
      If all else fails, immortality can always be assured by spectacular error.
    9. Re:Open Wifi Hotspot by firex726 · · Score: 1

      Yea and I see that as the underlying issue of prosecuting people who had no knowledge of a crime. How can I choose not to commit one if I am not aware I am making one?

      As you've shown you can associate nature itself in contributing to a crime so where does it end?

      However I can see something like ThePirateBay be prosecuted since, and let's all be honest, they knew damn well the site was used to share copyrighted media (though personally I have my own issues with copyright). A gun shop owner however does not know that the gun he sold is going to be used in committing a crime, nor the owner of the open wifi hotspot.

      I think it is at least in part that we feel we have to hold someone accountable, even if they are only tangentially related, and were acting entirely within the law. We need to realize that there are some crimes which cannot be prosecuted. Better to let 1000 guilty go free then 1 innocent be falsely convicted .

    10. Re:Open Wifi Hotspot by cforciea · · Score: 1

      Then to bring the analogy back full circle, what about cities that have open wifi access points?

    11. Re:Open Wifi Hotspot by firex726 · · Score: 1

      Police are not meant to prevent crimes, this has been established by them in courts. They're there to pick up the pieces and assign blame. (One police dept was sued some time ago for not preventing a crime, in court their defense was that's not their job, and the judge ruled in their favor based on that)

    12. Re:Open Wifi Hotspot by Reverand+Dave · · Score: 1

      Better to let 1000 innocent be falsely convicted than 1 guilty be set free.

      FTFY to fit the MafIAA mindset a little better.

      --
      I got here through a series of tubes
    13. Re:Open Wifi Hotspot by Anthony+Mouse · · Score: 1

      I have a dog, the purpose of which is naturally to scare off criminals who might use my wifi. The dog, however, has encountered some difficulty in discriminating between criminals using my wifi for criminal purposes and perfectly honest people who are merely checking their email and the like, in much the same way as the police can't always tell whether the guy who goes into a shop with cash and walks out with a brown paper back is buying drugs or a sandwich, so the dog is not 100% effective.

      Unless your point is that people should not allow honest members of the public to use their wifi, in which case I will respond that the state should stop allowing honest members of the public to use their streets, since there could be drug dealers etc.

    14. Re:Open Wifi Hotspot by firex726 · · Score: 1

      I think that's the mindset of most people really.

      "Someone has to pay for this crime"

    15. Re:Open Wifi Hotspot by CharlyFoxtrot · · Score: 1

      They probably have a page of legalese you have to sign, or "click to agree" releasing them from all liability.

      --
      If all else fails, immortality can always be assured by spectacular error.
    16. Re:Open Wifi Hotspot by CharlyFoxtrot · · Score: 1

      Unless your point is that people should not allow honest members of the public to use their wifi, in which case I will respond that the state should stop allowing honest members of the public to use their streets, since there could be drug dealers etc.

      The point here is "reasonable precautions", eg. logging, site whitelisting or even just limiting available bandwidth. Let me turn it into a car analogy: say you lend your car to a guy off of the street, he runs someone over and turns out not to have a license nor insurance. You would probably be liable even though you weren't in the car at the time. If you had checked his license and insurance beforehand you'd maybe still be held liable but have a much better case. Again the city example is crooked because the city doesn't even own the streets, it's public property.

      --
      If all else fails, immortality can always be assured by spectacular error.
    17. Re:Open Wifi Hotspot by Reverand+Dave · · Score: 1

      Agreed and it really is sad.

      --
      I got here through a series of tubes
    18. Re:Open Wifi Hotspot by iridium213 · · Score: 1

      And all operators and passengers of vehicles, who've ever driven by and/or had the opportunity to park nearby, and all pedestrians who carry smartphones and/or tablets/pads, or anyone within 6 miles who happens to have a pringles can and...

    19. Re:Open Wifi Hotspot by Thud457 · · Score: 2

      hmmm, dog + shock collar + training + packet filter + arduino = killer cyborg wifi hound (tm)!
      The spin-off technologies are literally mind-boggling!
      off to the patent office!

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    20. Re:Open Wifi Hotspot by Anthony+Mouse · · Score: 1

      The point here is "reasonable precautions", eg. logging, site whitelisting or even just limiting available bandwidth.

      How does any of that help? You have a log that says an unknown device you haven't turned over is the one that downloaded the thing; they'll just accuse you of not turning it over. Someone can pirate material just as well with a rate limiter, it just takes longer. And a white list impinges too much on basic functionality unless you add everything in the world to it, but if you do then it isn't doing what you want it to -- it isn't my job to run the censorship board.

      Let me turn it into a car analogy

      This is just going in circles. If someone commits a crime, that person should not be punished, not arbitrary people they've come into contact with. Moreover, a car is a violent implement, unlike an internet connection. You don't need a license to use the internet. And you don't arrest the guy who sells bolt cutters to the general public when someone uses one to commit a crime, even if they accept cash and have no video cameras or customer names.

      Again the city example is crooked because the city doesn't even own the streets, it's public property.

      That still isn't helping you. You don't go after a landlord when a tenant is a criminal.

    21. Re:Open Wifi Hotspot by TwilightXaos · · Score: 1

      So why can't they have a similar page of legalese when you get a drivers license? Or buy a car? Then they could cut down on their police force!

    22. Re:Open Wifi Hotspot by TwilightXaos · · Score: 1

      But he could have changed the analogy to blame the public and it would not have lost much.

    23. Re:Open Wifi Hotspot by Shetan · · Score: 1

      "We'll have a fair trial and then hang the guilty bastard."

    24. Re:Open Wifi Hotspot by firex726 · · Score: 1

      Fair = Judge and Jury that has been bought and paid for by the **AA.

    25. Re:Open Wifi Hotspot by CharlyFoxtrot · · Score: 1

      There is already something called the social contract and to operate a vehicle you need a drivers' license which is basically just a way of saying you know of and promise to abide by the highway code. When you think about it there already is very little police to control a large population (in the western democracies at least.)

      --
      If all else fails, immortality can always be assured by spectacular error.
    26. Re:Open Wifi Hotspot by TwilightXaos · · Score: 1

      Yes. But you imply that some form of contract would indemnify the city from someone using the wifi; why not from someone selling drugs using the roads? Either drug selling is different from illegal use of wifi, requiring different indemnifications; or mere contracts cannot indemnify someone from assisting a criminal act.

    27. Re:Open Wifi Hotspot by Anonymous Coward · · Score: 0

      Luckily for all us Germans a simple letter saying something along the lines of "somebody might have used my wifi, oops. I'll make sure not to let that happen again." baffles the companies who send those letters asking for ~$600 for downloading a ~$60 game and shuts them up suddenly and effectively.

    28. Re:Open Wifi Hotspot by Skapare · · Score: 1

      How about sticking the ISP with the bill. It is the ISP, afterall, that FAILED to provide hotspot operator with sufficient IP addresses to allow each user to have a distinct IP address to allow plaintiff to identify the downloader directly.

      FYI, I do have proof that Verizon is a massive waster of IP addresses. And I don't mean "waste" in terms of just giving them away too easily. I mean "WASTE" in terms of network configurations that make massive numbers of them unavailable and unusable. It could be on the order of 50% or more IPs in their business services network.

      --
      now we need to go OSS in diesel cars
    29. Re:Open Wifi Hotspot by russotto · · Score: 1

      There is already something called the social contract/blockquote
      Stop right there. The only relevant term of any so-called "social contract" is the universally present "the government may unilaterally change the terms of this agreement at any time or retroactively". The social contract isn't a contract because only one party is at all bound by it; it's just an excuse to impose force.

    30. Re:Open Wifi Hotspot by Anonymous Coward · · Score: 0

      Here's what a national chain will do..."OMG! You've been ripped off, let us help, here's the logs for the time in question, and the logs for all of the other times the same Mac Addresses were on our computers, and the video surveillance is there anything else we can do? "

      They have a bigger legal department. Better is another question.

    31. Re:Open Wifi Hotspot by ScrewMaster · · Score: 1

      However I can see something like ThePirateBay be prosecuted since, and let's all be honest, they knew damn well the site was used to share copyrighted media (though personally I have my own issues with copyright)

      Yes, but in their country what they were doing wasn't originally illegal. About all you can argue then is the ethics of what they were doing, but that's not really germane to this argument. More to the point, the law (and associated ethics) should ideally serve the people, not a few large corporations.

      --
      The higher the technology, the sharper that two-edged sword.
    32. Re:Open Wifi Hotspot by ScrewMaster · · Score: 1

      Fair = Judge and Jury that has been bought and paid for by the **AA.

      I doubt that actually happens. No need for it, since both the judges and juries in the bulk of these cases have proven to be completely ignorant of the technological issues involved, and tend to place more weight on the testimony of the RIAA's (definitely bought-and-paid for) "expert witnesses" (and I use that term very loosely.) I've been following this since the RIAA first began this nonsense, and I cannot see any reason (other than gross negligence on the part of defense lawyers) that these cases were allowed to proceed.

      --
      The higher the technology, the sharper that two-edged sword.
    33. Re:Open Wifi Hotspot by Anonymous Coward · · Score: 0

      Don't even joke about it, because they'll actually consider it. Lawyers, after all, do follow the money, even more than anyone else. After all, if they can go after handgun manufacturers for crimes committed by people who've stolen their guns from their original owners, then what's to stop them here?

    34. Re:Open Wifi Hotspot by Anonymous Coward · · Score: 0

      Depends on what country you're in.
      In the USA the current laws would allow for corroborating evidence to get the prosecutor the search warrant for the defendant's home, but they can't "stick him with the bill" if they find that it was simply his router being hijacked.

      However, new legislation is being put through which would make anyone with a wireless AP responsible for maintaining proper access restrictions on their AP. Once those are in place, then someone who got illegal downloads traced back to their open wifi would get a fine for failing to properly secure their AP.
      Of course, since the legislation is being written by people who still think that the internet is a bunch of dumptrucks... We'll probably get some language that says you get the fine even if you had the best available consumer locks on your wifi but it got hacked anyway.

  5. and the neighbours by Anonymous Coward · · Score: 0

    and anyone else parked nearby at the time

  6. Re:Really? First accepted Story? by Anonymous Coward · · Score: 1

    Would you prefer "First post! by: phaedrus5001"

  7. Bad news bears. by ThisIsSaei · · Score: 2

    Sadly, I don't expect this will end anywhere good. I expect RIAA enforcement to suddenly extend to 'all computer equipment on the premise' and more draconian identifying methods by ISPs.

    1. Re:Bad news bears. by gstoddart · · Score: 4, Interesting

      Sadly, I don't expect this will end anywhere good. I expect RIAA enforcement to suddenly extend to 'all computer equipment on the premise' and more draconian identifying methods by ISPs.

      Or, we can hope, sanity will prevail and it will more or less come down to "you don't have enough information to tell us who to look for, and you can't just go on a fishing expedition to look for computers that might be the one you think it is".

      This is mostly about someone using information which the rest of us have always known was insufficient, using that to get far enough to identify someone, and then deciding they need to look at any computer within a 5 mile radius just in case it was them.

      Their "evidence" gets weaker every time they try to say "we need to look at more because the last one wasn't enough". They're also at the discovery phase, which basically means they don't have enough evidence to know if they should be proceeding.

      And, unless someone makes it illegal to have an open wifi, you can't go around saying that there is any contributory negligence or anything like that.

      --
      Lost at C:>. Found at C.
    2. Re:Bad news bears. by Anrego · · Score: 1

      and more draconian identifying methods by ISPs.

      Maybe this is what will finally get us to IPv6.

      Not running out of IPv4 space.. not logic.. but the ability to identify traffic as coming from a specific computer vice "it came from that network". (yes I know there is IPv6 NAT.. but we are talking about the masses).

    3. Re:Bad news bears. by Penguinisto · · Score: 1

      Time to start intentionally P2P'ing movies and music at every Starbucks, Airport, McDonalds, Bookstore, and damned near every other business you can think of (with preference towards national chains, of course).

      Let's see 'em try to shut one of those sites down...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    4. Re:Bad news bears. by ByOhTek · · Score: 1

      yeah, and then they'll learn about hacking wireless, and extend it to all computers in the neighborhood.

      Then you'll have your computer taken because little Timmy down the street was streaming the Brittany's latest trash-pop hit "skankin it down", or some other media that should probably require legal action against the producer...

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    5. Re:Bad news bears. by ByOhTek · · Score: 1

      I've been doing all my P2P'ing in those places already. No point in having it traced back to my network.

      --
      Self proclaimed typo king, and inventor of the bear destroying coffee table (patent not pending).
    6. Re:Bad news bears. by Mordermi · · Score: 1

      But as long as they get the location it was done and the time, they could possibly use facial recognition software to identify you? So wear a mask? Though they would have to go after every person on a laptop in the location at that time, but it's hard to tell how far they'll be willing to go to catch just one person. They seem to push and push their limits to make a few extra dollars.

    7. Re:Bad news bears. by msauve · · Score: 2

      Then all that will be needed is an OS and hardware which changes IPv6 addresses based on dynamic fingerprint recognition. Just as an IP address doesn't uniquely ID a user, tracking to an individual computer doesn't, either (not even based on who's logged in, since anyone could conceivably walk up and take control).

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    8. Re:Bad news bears. by Anonymous Coward · · Score: 0

      You know what the result of that would be: lower functionality at these sites. They would either move to filter P2P or would just stop offering free WiFi. Cutting off your nose to spite your face is hardly the answer. Adding extra costs to these entities just because they were nice enough (or competitive enough - you choose) to offer free WiFi isn't really cool either. Just like if you are mooching off the neighbors, you probably shouldn't be doing illegal things on that connection.

    9. Re:Bad news bears. by RoLi · · Score: 1

      Maybe this is what will finally get us to IPv6.

      Because of the incompatibility of the addresses, it seems that the IPv6 transition will be delayed forever.

    10. Re:Bad news bears. by anyGould · · Score: 1

      I think it wouldn't get that far, because the RIAA model doesn't want to go to court - they want quick and easy settlements. A corporation will likely just sic the in-house lawyers on this, so I would expect the RIAA to quietly ignore any IPs that lead to corp-owned points.

    11. Re:Bad news bears. by Reverand+Dave · · Score: 1

      Do you honestly believe some place like Starbucks would cede to allowing every one of their customers that came in with a laptop being hassled by the mafiAA? It seems like that would be a poor business practice.

      --
      I got here through a series of tubes
    12. Re:Bad news bears. by Anthony+Mouse · · Score: 2

      Not running out of IPv4 space.. not logic.. but the ability to identify traffic as coming from a specific computer vice "it came from that network". (yes I know there is IPv6 NAT.. but we are talking about the masses).

      I suspect you're going to be disappointed there, because an IPv6 address doesn't actually identify anything either. The only reason that you can even connect an IPv4 address to an account holder is that the ISP keeps records and people have been willing to assume that those records are accurate. With IPv6, the ISP will allocate a block of address to each account holder and the account holder will use them for their devices. The ISP won't have any idea which address allocated to the account holder was used for which device, and the address assigned to each device may change arbitrarily according to the whim of the account holder, who is not likely to keep any records and whose records naturally could not be trusted in any event.

    13. Re:Bad news bears. by Anonymous Coward · · Score: 0

      What's wrong with that? The problem people had with RIAA tactics before was suing people without knowing whodunit.
      Slashdot made fun of the idea that the IP identifies the person. So now they're talking about fixing that, and finding the right defendant.
      Copyright law says you don't get to send other people the files we're talking about. If you do you can be sued.
      Are you just standing up for people's right to give out copies of someone else's work?

    14. Re:Bad news bears. by Anonymous Coward · · Score: 0

      No no no. This means we need to start using these lawyers' wifi, and judges' open wifi from their houses to do this stuff. THEN the point will get across.

    15. Re:Bad news bears. by simcop2387 · · Score: 2

      Already possible. IPv6 Privacy extension. http://tools.ietf.org/html/rfc4941

    16. Re:Bad news bears. by Mordermi · · Score: 1

      Not without putting up a fight. I was simply stating a possibility, not saying that this is going to happen. It was more of a statement about how the RIAA, lawyers, or anyone of the like don't care how many innocent people they plow over to get what they want.

    17. Re:Bad news bears. by denis-The-menace · · Score: 2

      Then they will have to make IPv6 NATs illegal, too.

      ISPs charge extra for more than one IP so anybody who has more than one device (PC, Tablet, TV, Smartphone, etc) will enable a NAT in their crappy router.

      This whole "gotta do anything to get all possible profit for media" is getting out of hand.
      But since people are OK with the TSA hand literally up their asses they won't mind having different hand on their wallets, too.

      --
      Obama's legacy: (N)othing (S)ecure (A)nywhere and (T)error (S)imulation (A)dministration
    18. Re:Bad news bears. by sjames · · Score: 1

      Who needs NAT? Autoconfiguration is just a standard way to pick a non-conflicting address, but since ARP is still part of the spec, you can choose any other as well so long as all other machines on that subnet agree to respect the same standard.

      Alternative standards exist already, including choosing a random address and sending out probe ARPs to see if it conflicts.

      So while only one machine at a time can have a particular IPv6 address, any computer on the subnet could have been that one if you so choose.

      Taken to the extreme, a computer can use a different address for each connection.

    19. Re:Bad news bears. by Dhalka226 · · Score: 1

      So what you're saying is that anybody should be able to get away with anything so long as they commit it with a computer, and you present that as sanity? After all, how are the circumstances different if we're talking about copyright infringement instead of hacking websites, stealing credit cards and committing credit card fraud, planning a murder, etc? The evidence is an IP address. Just don't live alone and you're golden. Investigators won't have enough evidence to bring a case and "sanity" dictates they don't have enough to go looking for more.

      Hell, even if we limit it to just copyright infringement you're not going to find much support outside of Slashdot. Most people simply don't support you being able to download anything you want for free, regardless of whether or not their creators wanted compensation, and there be not only no consequences but no chance of consequences. Nor are courts going to make such a loophole for you even if it is technically correct from a legal standpoint.

      And, unless someone makes it illegal to have an open wifi, you can't go around saying that there is any contributory negligence or anything like that.

      Liability is nowhere near that simple. There would be a strong case for vicarious liability for an open WiFi, even if it's perfectly legal. There may be a case for strict liability as well. If you open your router because you want people to be able to use it, it's not hard to argue that you are permitting their use even if you don't know what it is. "I didn't know there was such a thing as securing my router" would be better, but probably not garner you much sympathy; ignorance is seldom a viable defense.

    20. Re:Bad news bears. by Raenex · · Score: 1

      So, what, you're going to hold public libraries and businesses like McDonald's liable for open Wi-Fi?

    21. Re:Bad news bears. by Anonymous Coward · · Score: 0

      Sanity? In Intellectual Property cases? You must be joking... If anything it seems to be getting worse and worse. The industry here in Sweden have now managed to put a "private copy fee" on any media such as hard drives and USB memory sticks which they claim are being used to copy music, films and other things that is the intellectual property of the .

      It is just crazy. Mind you, the copying fee do not give you the right to copy pirated material. It is intended as a fee for lost sales when you make backup copies of your CD's and DVD's that you already payed for...

    22. Re:Bad news bears. by russotto · · Score: 1

      Liability is nowhere near that simple. There would be a strong case for vicarious liability for an open WiFi, even if it's perfectly legal.

      There's no real case for vicarious liability for an open WiFi, because one of the essential elements of vicarious liability -- that the tortfeasor gained financially from the offense -- is missing.

    23. Re:Bad news bears. by __aajgon4133 · · Score: 1
      Federal Rule of Civil Procedure 26
      (b) Discovery Scope and Limits.
      (1) Scope in General.

      Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C).

      To reiterate: relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.

      In other words: if it probable that searching your mom's/roommate's/girlfriend's laptop might lead to evidence in their copyright lawsuit, a plaintiff can go ahead and do so. Please keep this in mind. I always thought it was obvious that every computer or storage device in a household would be subject to search during a copyright infringement lawsuit. If this is surprising to anyone, I guess it is good that we have a story about it. IAAL, and this is not a controversial position. I wish it were otherwise, but FYI, there it is.

    24. Re:Bad news bears. by Anonymous Coward · · Score: 0

      "And, unless someone makes it illegal to have an open wifi, you can't go around saying that there is any contributory negligence or anything like that."

      There is legislation currently being put forward to specifically create a "contributory negligence" style tag for open Wifi.
      They are attempting to make "open" illegal to put on your wifi as an option (ie; not even in the firmware), which would force people to use SOMETHING of a security system.
      Only way they could think of to make someone who is transporting data, unaware that the data contains illegal information, liable for the content.

    25. Re:Bad news bears. by Anonymous Coward · · Score: 0

      A phone number isn't enough to ID a person either. Nor is a street address.
      So you're saying that, if someone called you on the phone - their number being shown on caller ID - and told you "we're holding your child hostage at 123 Maple Drive, give us $1million or they die", you would be more than happy for the police to say "sorry, but even though we have a phone number and address, we don't have enough info to ID the criminal"?

      After all, there's no locks or passwords on phones. And maybe the home owner likes to leave their house unlocked so anybody to come in and make a call.

    26. Re:Bad news bears. by ThisIsSaei · · Score: 1

      Substantial difference, and the simile falls apart here, but you don't have the ability to use someone's phone from outside their house just by driving past due to an 'unsecured'/'open' phone.

    27. Re:Bad news bears. by gstoddart · · Score: 1

      In other words: if it probable that searching your mom's/roommate's/girlfriend's laptop might lead to evidence in their copyright lawsuit, a plaintiff can go ahead and do so. Please keep this in mind. I always thought it was obvious that every computer or storage device in a household would be subject to search during a copyright infringement lawsuit. If this is surprising to anyone, I guess it is good that we have a story about it. IAAL, and this is not a controversial position. I wish it were otherwise, but FYI, there it is.

      My problem isn't so much that when the search is probable to turn up something ... my problem is that the people policing these things frequently have almost no actual evidence upon which to even assert they've got the right household, but then proceed as if they do.

      This to me sounds more like narrow it down to a surprisingly broad area, and then basically run roughshod over every nearby on a fishing expedition to figure out which of many people might have done something you claim they did.

      It just seems more like these guys are asking for license to just cast a wide net ... again, with what I consider to be pretty thin evidence to begin with. They start discovery and say "we're sure he did it", and then they move onto "ok, it wasn't him, but someone within a city block of him did it and we need to search all of them".

      --
      Lost at C:>. Found at C.
    28. Re:Bad news bears. by zeroshade · · Score: 1

      After all, how are the circumstances different if we're talking about copyright infringement instead of hacking websites, stealing credit cards and committing credit card fraud, planning a murder, etc? The evidence is an IP address.

      The evidence is always more than just an IP address. Since you need "beyond a reasonable doubt" in a criminal trial, an IP address is even LESS effective there. They use the IP address to get a search warrant and then find evidence on the computer owned by the person in question. Even then, they use more than just an IP address to get the search warrant.

      The important part here is the fact that you don't get to have search warrants in a civil trial. The discovery phase is more restricted than the ability of a police officer to get a search warrant.

      Hell, even if we limit it to just copyright infringement you're not going to find much support outside of Slashdot. Most people simply don't support you being able to download anything you want for free, regardless of whether or not their creators wanted compensation, and there be not only no consequences but no chance of consequences. Nor are courts going to make such a loophole for you even if it is technically correct from a legal standpoint.

      No one is talking about legitimizing copyright infringement. No one is saying it's fine to download anything you want for free. We are all saying that you need to have actual evidence of the person who committed the infringement and the evidence that is being used is not sufficient to identify a person. Innocent people should never be slapped with fines.

    29. Re:Bad news bears. by zeroshade · · Score: 1

      A phone number isn't enough to ID a person either. Nor is a street address. So you're saying that, if someone called you on the phone - their number being shown on caller ID - and told you "we're holding your child hostage at 123 Maple Drive, give us $1million or they die", you would be more than happy for the police to say "sorry, but even though we have a phone number and address, we don't have enough info to ID the criminal"?

      After all, there's no locks or passwords on phones. And maybe the home owner likes to leave their house unlocked so anybody to come in and make a call.

      Yeap. A phone number and street address are not enough to ID the criminal.

      If they broke into a random person's home and used it for their hostage holding (as most criminals will do rather than use their own home) the homeowner should NOT be liable at all for the fact that someone broke in and used their phone number and address for the crime. Now, if the police said that information was not enough to determine the location of the criminal, that would be stupid.

    30. Re:Bad news bears. by Cimexus · · Score: 1

      News to me. Though it depends what you mean by 'transition'.

      My home DSL provider already does full native IPv6. It dishes out a IPv6 /56 to me, and every machine in my house thus has a unique, globally addressable IPv6 IP. (Still behind a single IPv4 address and using NAT though, obviously.

      I agree that it will be a long time before IPv4 is actually 'turned off' - we'll be running dual stack for decades I imagine. But that doesn't prevent the IPv6 rollout from occurring. And frankly, I'm liking it a lot - it's a return to the way the Internet was always supposed to be, with each device directly addressable end-to-end.

    31. Re:Bad news bears. by Cimexus · · Score: 1

      Exactly right. My home DSL provider has already implemented native IPv6 and dishes out a whole /56 prefix to me when I connect. The prefix is static ... but I'm free to give each device in my home any IP within that (massive) address space that I want.

      Having said that, you will note that by default, Linux and Mac OS X use the MAC address of the network interface to generate the IPv6 address. This can be changed or overridden, but it does mean that you get a bit closer in some cases to a 1 IP = 1 PC paradigm. Windows by default uses a randomly generated 'privacy IPv6 address' though, which is not tied to MAC address.

  8. Search them all by Dyinobal · · Score: 4, Insightful

    So what if they search all the computers in the house hold it doesn't prove who was sitting at the computer when the actual sharing was done. Most house holds have at least one computer that everyone uses at some point.

    1. Re:Search them all by Anonymous Coward · · Score: 0

      Your over all point is valid. Your second sentence is just speculation. Could be true. Could be inaccurate.

    2. Re:Search them all by Mastadex · · Score: 1

      Even if you asked all members of the household to swear an oath and testify that it was not them, the question then becomes: did one of them lie and was there an outside party involved.

      I recall a recent event where a neighbour hacked into a wireless router and used it to download child porn. It was only by sheer luck that he was found out.

      --
      A morning without coffee is like something without something else.
    3. Re:Search them all by Reverand+Dave · · Score: 1

      What if they raid the premises search every computer on the network and in the network range and can't find the file because the drive has been wiped or otherwise disabled? Taking someone's computer for a fishing expedition is like taking my car to look for special dirt from a special parking lot in a special location where a bike was stolen and perhaps my vehicle was seen on a red light cam within the same week. It's all the same ridiculous speculation and a violation of your personal rights in favor of corporate rights.

      --
      I got here through a series of tubes
    4. Re:Search them all by Anonymous Coward · · Score: 0

      You're also missing the point that even not knowing who was sitting at the computer at the time, it's still not enough since it could have been a guest with a laptop, or someone breaking into their wifi. Apparently according to past articles, even "secured wifi" isn't very secured for someone whos' even a little determined.

      So what if they go through all the computers in the house and don't actually find the infringing proof?

      We'll forget about the age old example when a bunch of lawyers tried to sue a network printer for downloading movies.

    5. Re:Search them all by vlueboy · · Score: 1

      It is sobering to know that even outside the USA, our employers, ISPs and cellphone companies can log us to a 6 month to a 2 year period, but we can't pass on the buck to someone else to rightly defend ourselves. There's no real mac address logging* in the consumer routers out there [And we know those macs are easily faked, and a neighbor with a netbook or (rooted?) smartphone just needs to drive-by download from us to make it look like our IP is all that's needed]. Supposing macs were "unhackable" and good enough for lawyers, it's useless that routers DO NOT log robber signal strength. That might let poor victims in a college dorm judge just what search radius is sane to expand into. The real culprit doesn't have to be anchored to a wall near you: gigs worth of mp3s and movies over the course of a few days can be easily stolen by malicious passers-by via the growing market of tablets, netbooks and Wifi cellphones who can root a phone and spoof their mac address.

      * I have owned many routers, but they only log an IP address and time. Though my stock firmware DLINK 825 router did have a clear association of a date to an IP address, old lines FIFO'd automatically after about 14 pages of 15 entries. A single day takes care of that little buffer if you test with an open WiFI and enable all log items.
      This page shows how logs are treated. I have DD-WRT now so I can't check exactly, but IIRC, the problem was that when I returned home and wanted to naively mac-ban neighbors out of my open AP, the log would say "I gave 192.168.1.50 to a computer (an unidentified mac)." I would need to be lucky because the only place to find that neighbor's mac is in the Wireless Clients table menu... which itself OUGHT TO have a permanent log. Since the neighbor would be gone by the time I came to check, I was forced to just close everything up.

  9. Hidden by mehrotra.akash · · Score: 1

    Is it that difficult to hide a netbook connected to a USB HDD under a fake panel in your cupborad or something?

    Set up password protected access, download on that netbook and stream to watch

    1. Re:Hidden by No,+I+am+Spratacus! · · Score: 2

      OH NO!

      You just told the MAFIIA where to find it.

    2. Re:Hidden by lucm · · Score: 1

      Now we know where to find the good stuff in your home

      --
      lucm, indeed.
    3. Re:Hidden by mehrotra.akash · · Score: 1

      Fortunately my country has much bigger problems to deal with than people downloading movies

    4. Re:Hidden by sgt+scrub · · Score: 1

      Oh please. We all know you have the NAS built into the AC duct so it is hidden and cool at the same time.

      --
      Having to work for a living is the root of all evil.
    5. Re:Hidden by Anrego · · Score: 1

      Ventilation might be an issue.. also you'd have to tailor your desktop such that it doesn't leave any logs/history of the connection (assuming they would go that far).

    6. Re:Hidden by nedlohs · · Score: 1

      Unfortunately surely?

      It'd be great if that was the biggest problem a country faced after all.

    7. Re:Hidden by Anonymous Coward · · Score: 0

      So does ours, but that isn't stopping them:-)

    8. Re:Hidden by mehrotra.akash · · Score: 2

      Most of the issues are really unresolvable.. esp. with us being a "representative democracy"

      Add to that the fact that internet penetration is terrible and terribly expensive, those with internet connections can do whatever they want.. noone cares

    9. Re:Hidden by Anonymous Coward · · Score: 0

      i've always wanted to hide a small server inside a lamp or alarm clock, or even inside the wall. i bet it's possible to make remote-controlled servers that small these days.

    10. Re:Hidden by Anonymous Coward · · Score: 0

      Not really, but considering the people usually brought in to find these sorts of things, they will know the best of hiding places most of the time.
      Unless you had some nice clothes with supports that you could hide a computer behind without a large rectangle showing on your front / back, would you want to risk them finding a computer on your premises, HIDDEN? (and that is if they don't search your person as well, you could easily be hiding a large USB stick or even full-on SSD on you)

      Of course, this could probably be done easier with all these new tiny computers coming out in much cheaper packages.
      Think that Raspberry Pi thing, sew it in to clothing, SSD or an array of flash drives, generic laptop battery.
      USB wireless connection that can be remotely connected to from, say, a phone or tablet, very hidden computer.
      If you want to connect it up to do something that requires keyboard and mouse, make sure the monitor connection is easily accessible.
      Best hope they don't want to thoroughly check you out too.
      Note: I am not advocating piracy, just helping catch those evil, nasty, sick, pirates... go get'em ICE! ...
      Note2: don't put on tight jackets or sealed jackets, it WILL overheat. Or at least add a airflow-enabling container over it, a tiny fan and an outlet.
      But really, this would be pretty neat for having a computer on you without having to care much about storage.
      Also a more generic computer than a probably locked down phone or tablet that you can remotely connect to, be it over the browser using java or flash, possibly even javascript if the browser is fairly recent and capable of websockets.
      Just don't practice on, or destroy, a good jacket...

    11. Re:Hidden by mehrotra.akash · · Score: 1

      Specially with something like one of those plug computers..

      I dont know how they work, but if possible, plug computer+128GB SSD -> expensive but should resolve all heat issues
      replace the SSD with a 1TB laptop HDD if ventilation is available

      Should be small enough to hide behind a switch plate

    12. Re:Hidden by anyGould · · Score: 1

      The best place to hide it is simply off-site.

    13. Re:Hidden by Anonymous Coward · · Score: 0

      but not practical for Winter when the unit is used for heat :/

    14. Re:Hidden by couchslug · · Score: 1

      Hiding things in plain sight makes much more sense and is the most logical way to beat searches. This could be handy in totalitarian countries.

      Don't put your NAS in a cupboard or closet. Those are obvious places to search. Put it in an appliance or other piece of electronic gear instead.

      Stereo gear, VCRs, CRT monitors, kitchen appliances, smoke detectors, any place where an anonymous PC board could be hidden or even look quite natural if the equipment were opened. It is easy to secure electronic parts with modern adhesives. 3M 5200 Marine adhesive (rated for thru-hull fittings on boats) works fine. You can much more discreetly power equipment if it's inside powered equipment!

      No one looks for a NAS in a motor vehicle. Unless the searcher is a mechanic and knows what to look for on a specific model vehicle, one could gut a computer or system module from another vehicle and even "blend in" a convincing wiring harness taped into the vehicles own.

      Likewise, you could put a NAS in an audio amp housing and benefit from the integral heatsinks. If you are really into it, you could turn the system on and off with an ordinary car remote.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    15. Re:Hidden by Anonymous Coward · · Score: 0

      Add to that the fact that internet penetration is terrible and terribly expensive

      Not exactly true. I live within the coverage area of Beam Tele. I have their fiber optic unlimited 15 Mbps plan (downloads capped at 25GB per month, uploads unlimited (great for torrents)) and I pay Rs. 1500 incl taxes (This is much cheaper than what I had paid when I lived in Florida). I keep hearing about similar local fiber optic ISPs in Chennai and other cities too. Do check in your city!!

    16. Re:Hidden by mehrotra.akash · · Score: 1

      Delhi/NCR doesnt have any such ISP's

      Only Airtel and BSNL/MTNL

      And 25GB is quite a low cap.

    17. Re:Hidden by Anonymous Coward · · Score: 0

      Most of the issues are really unresolvable.. esp. with us being a "representative democracy"

      Add to that the fact that internet penetration is terrible and terribly expensive, those with internet connections can do whatever they want.. noone cares

      Ah, so you're South African, too.

      You do realise that some poor guy was just thrown in prison for jailbreaking his PS3? The IP-mafia have more power here than you think.

    18. Re:Hidden by mehrotra.akash · · Score: 1

      nope.. India

  10. Modded this back up by Anonymous Coward · · Score: 0

    Modded this back up, because I'm tired of it as well.

  11. No kidding by Anonymous Coward · · Score: 0

    There aren't enough IP addresses for each user, and they are not static. Also, a trojan can compromise a PC and perform actions without the user's permission.

    1. Re:No kidding by unixisc · · Score: 1

      Currently, some ISPs will assign just 1 routable IPv4 address to an user, which s/he can then NAT to as many devices @ home as s/he likes. Some may not even do that, and just route local addresses to each of their users, in which case, if the RIAA wanted to go after them, the address would only lead them as far as the ISP. But then such an ISP is more likely to statically assign a local IPv4 address to each customer, which that customer can NAT further if s/he has more than one device.

      Under IPv6, ISPs will assign a complete /64 to each customer, if not more, so that they themselves will be off the hook, and the RIAA would then go after the person who owns the Network ID (the upper quad-word of that address). All that said, as I pointed out above, that would by no means be adequate for nailing any user, since such networks could have dynamic addresses, making them untraceable.

  12. Every computer in the house, plus... by ArrowBay · · Score: 2

    He'd have to search:

    • Every computer currently in the house.
    • Every computer that might have been in the house previously; e.g. old computers that were replaced in the meanwhile, as well as every computer of someone visiting the house (like a friend with a laptop).
    • Every computer that might have connected to the network via WiFi if the wireless router was ever publicly open, compromised, or had its password shared.
    • Every computer that might have been using the house's computers as proxies, whether by intent of the homeowners, unintentionally, as part of a botnet, or some other reason.
    • ?

    Man, that's a lot of computers to search.

    --
    Domains, shared and dedicated hosting, SSL certs, and more: ArrowBay.net
    1. Re:Every computer in the house, plus... by Lieutenant_Dan · · Score: 2

      And the "cloud", don't forget the "cloud". He'd have to search there. Hopefully without a parachute.

      --
      Wearing pants should always be optional.
    2. Re:Every computer in the house, plus... by Anonymous Coward · · Score: 1

      don't forget everyones phone and the phones of people that drive by I got a neighbor who's router I can manage that will get 30+ unique ids on it daily

    3. Re:Every computer in the house, plus... by Anonymous Coward · · Score: 0

      Why not do the right thing, I leave your neighbor a note on how to secure his/her WiFi? Or are just too 31337?

    4. Re:Every computer in the house, plus... by _0xd0ad · · Score: 1

      How is he supposed to determine which neighbor it belongs to? Sniff their packets until they enter personal information into an insecure webpage or something? Isn't that basically what Google got in trouble for doing accidentally?

  13. do computers identify people? by shadowrat · · Score: 1

    Last time i checked. there really isn't any way to guarantee that i am the one who used my computer.

    1. Re:do computers identify people? by Kenja · · Score: 1

      Doesn't need to guarantee, just needs to be enough to convince a jury. The "it wasn't me browsing Pirate Bay, it was the one armed man!" defense wont work too well I think.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:do computers identify people? by nomadic · · Score: 2

      For civil cases in the US, the usual standard is "a preponderance of the evidence," which just means more likely than not that X happened.

    3. Re:do computers identify people? by SilverHatHacker · · Score: 1

      There's the problem with the justice system. It's not about who's telling the truth, it's about who tells the better lie.

      --
      Funny may not give karma, but +5 Informative never made anyone snort coffee out their nose.
    4. Re:do computers identify people? by rastos1 · · Score: 1

      Last time i checked. there really isn't any way to guarantee that i am the one who used my computer.

      You might not be the one who used the computer. But your signature is on the contract with the clause saying that you are responsible for the connection usage. At least that's usually what ISP claims.

    5. Re:do computers identify people? by elsurexiste · · Score: 1

      I would mod you up "Insightful", but I need to write a reply. Sorry.

      It could be argued that you are a bit responsible for what your computer does. If it's a shared computer, you must control who can use it and for what. Is a weak argument, of course, but it applies to other stuff, like a car.

      --
      I rarely respond to comments. Also, don't ask for clarifications: a brain and Google are faster, believe me!
    6. Re:do computers identify people? by 2names · · Score: 3, Insightful

      Nope, it's completely about who the jury likes.

      --
      "I'm just here to regulate funkiness."
    7. Re:do computers identify people? by betterunixthanunix · · Score: 4, Insightful

      It could be argued that you are a bit responsible for what your computer does

      Except that computers connected to the Internet are sometimes taken over by malware that causes the computers to do things outside of the control of their owners. There was a case a while back where a guy was accused of downloading child pornography, and it was discovered that it was actually malware that did the downloading. Is it really that far-fetched to think that some hacker who wants to download music without getting sued would use a botnet to hide his activities?

      --
      Palm trees and 8
    8. Re:do computers identify people? by jank1887 · · Score: 4, Insightful

      and that means that within the contractual arrangement with the ISP, they are able to hold me responsible for things that happen on my connection. They can ask me to pay when there are costs as a result. They can disconnect the connection at my expense if nefarious things happen over it.

      But that contract has nothing to do with my legal liability with a 3rd party. If the 3rd party sues the ISP, and the ISP, through my contractual relationship, holds me responsible, that's one thing. But that's not what they are doing. If they're going to try to prove that I'm legally liable for what they think went on, for damages they think I did to them, they're going to have to show enough proof of that.

    9. Re:do computers identify people? by Anonymous Coward · · Score: 1

      Well, I no for sure that I am hand cuffed to my computer, and that it's always perfectly locked down, encrypted, and password protected, so I couldn't possibly ever walk away from it and leave it unattended and in an unlocked state... AND I'm never asleep, so there's no way anybody could ever be using it but me. Also it's definitely never EVER compromised by remote exploits or any malware, and is 100% reliable at all times. Not to mention that I have perfect knowledge of every operation carried out by ever single program on my computer, even the proprietary ones! The case is locked and crazy glued to my hip. No one ever shuts it down and removes the hard drive or boots under another partition, or anything.

      So you can be sure, that whatever is transmitted over wire (or air for that matter) was always 100% me and only me, and that I deliberately took action to make those transmissions happen.

    10. Re:do computers identify people? by Anne+Thwacks · · Score: 1

      It must have been my neighbour's cat that downloaded all those movies! (But the dog ate the evidence) W00t!

      --
      Sent from my ASR33 using ASCII
    11. Re:do computers identify people? by laird · · Score: 1

      Keep in mind that ISPs cannot identify which computer did anything, just what external IP address did. Since pretty much everyone on broadband runs NAT and WiFi, anyone in or near the house can be behind your IP address. Is the person who pays for a broadband connection responsible for the actions of (for example) a neighbor who freeloads on their WiFi? (Keeping in mind that wireless security is far from perfect, and your neighbor has plenty of time to crack your security).

    12. Re:do computers identify people? by elsurexiste · · Score: 1

      I thought about malware attacks. That's why I said it was a weak point. I was thinking of the common shared machine scenario.

      Is it really that far-fetched to think that some hacker who wants to download music without getting sued would use a botnet to hide his activities?

      I interact with a lot of people, from all walks of life, and not a single one of them got their music libraries from botnets. They either bought them or got dirty using Napster, then eMule, then BitTorrent, and finally Megaupload. So, unless it gets as highly criminalized as CP, I rather say yeah, it is far-fetched.

      --
      I rarely respond to comments. Also, don't ask for clarifications: a brain and Google are faster, believe me!
    13. Re:do computers identify people? by gl4ss · · Score: 1

      that's why the basic approach by "them" (riaa, "cyber" police etc) is to get you to confess - it's much easier for them if they don't even know what you did than to try to prove things. that's what the justice systems work with, confessions.

      if you're in a police questioning - READ VERY CAREFULLY what they put on the slip of paper that's representing what was admitted and what was not in the questioning, the courts will use that and ignore you in court. especially if they don't even know what they're questioning you about it's very likely they'll just put in what was in the complaint that got them originally to question you and place you as admitting it - that's the basic tactic and it works very well against drug abusers and such, because they just want to get the fuck out of the PD, make 'em go cold turkey and you can pin anything you want on them. works against scared filesharers too for the same reason and minor hackers.

      so the guarantee is usually just you confessing that you did "it".

      --
      world was created 5 seconds before this post as it is.
    14. Re:do computers identify people? by Anonymous Coward · · Score: 0

      It could be argued that you are a bit responsible for what your computer does

      I think I may have seen that in a footnote to an addendum in a 700 page Tablet advert, once.

    15. Re:do computers identify people? by Anonymous Coward · · Score: 0

      If they find you guilty just because your "computer" was used then turn around and sue the OS (for failure to provide adequate protection), the Computer Manufacturer (for including faulty software), the ISP (for allowing the malware to transfer over their network), and your local government (for allowing a mono or duopoly for Internet service and limiting your options to protect yourself) all for complicity and let the fireworks begin. Hell, once they've bankrupted and smeared your name what do you have to loose?

      I'm still surprised a case like this has not gone forward in the US yet, I'm waiting as I think the shake-up could be quite entertaining.... Like the proverbial four feral cats in a sack!

         

    16. Re:do computers identify people? by Anonymous Coward · · Score: 0

      The third parties which are suing in these cases cannot use the ISP's contracts to sue you. These contracts between an ISP and its subscribers are simply not intended to shift a legal burden onto the subscriber.

      At least in the US, an ISP isn't financially, or otherwise, liable for what copyright infringements occur on your end of the connection. As long as the ISP has a policy for shutting off access for repeat copyright offenders, they are shielded under the DMCA safe harbor provisions. It is a fantastic bit of protection for ISPs, and one that does not even require the ISP to provide user information to the copyright owner/licensee so long as they have that policy. The contract holding the account holder liable for the actions of others is there to provide the ISP with the right to shut off your connections, thereby giving them the protection of the DMCA safe harbor provisions. It has nothing to do with the ISP wanting someone to be able to sue you, but instead just making sure they cannot be sued for the things you download, or allow to be downloaded, using their connection.

      I would be much more concerned with an ISP that did not have a provision in their contract/aup/etc allowing them to shut off your connection for copyright infringements occurring from the connection they are providing you. Those are the ISPs that may actually become liable and thereby attempt to sue or enjoin you.

      IAAL, just not yours.

  14. Re:Really? First accepted Story? by mfh · · Score: 2

    I would prefer, "phaedrus5001 writes,..." but if people cared what I preferred, we'd still have a CmdrTaco.

    --
    The dangers of knowledge trigger emotional distress in human beings.
  15. Umm.... yeah, nothing new here... by Hashtag · · Score: 1

    Duh!...? This is nothing new to us... is this new to the courts, the lawyer or this poster?

  16. Can lead to by mehrotra.akash · · Score: 1

    Can lead to mandatory software required for internet access, with logging of all communication

    1. Re:Can lead to by Anonymous Coward · · Score: 0

      1. Time to buy some Chinese made USB storage devices on ebay that has less FLASH memory than they claim.
      2. Format that device a badly written filesystem that is guarantee to fail under that situation.
      3. Use that device for the logs.
      4. ???
      5. Not being sued into the poor house.

    2. Re:Can lead to by Skapare · · Score: 1

      Maybe in SOME countries. It would never pass Constitutional limitations in the USA.

      --
      now we need to go OSS in diesel cars
  17. I can solve this problem by Anonymous Coward · · Score: 2, Insightful

    Before you can surf the web, you have to log in with your social insurance number and an ISP password. Once that's done, your ISP will allow your traffic. Time to authenticate individual users.

    Don't want to do this? NO INTERNET FOR YOU!

    Sent from EXXON-Mobil MGM Coca-Cola iPad

    1. Re:I can solve this problem by Bucky24 · · Score: 1

      I can't tell if this is sarcasm or not, so forgive me if I'm just not getting the joke here.

      Using a special login wouldn't be difficult to get around. Just cruise around until you find someone who's got an open router... Unless the ISP is requiring a login on EVERY web-page you go to, in which case the simple act of surfing the web would just take too much time to make it worthwhile.

      If software is required, then eventually someone will make a workaround, or make software that spoofs the authentication somehow. People who pirate are a very resourceful bunch.

      --
      All the world's a CPU, and all the men and women merely AI agents
    2. Re:I can solve this problem by Anthony+Mouse · · Score: 1

      Right, because identity theft is completely impossible and no one has ever done it before. Especially not a criminal who knows they're going to commit a criminal act and wants to hide their identity.

    3. Re:I can solve this problem by Anonymous Coward · · Score: 0

      Not every web-page, just for every session with a time-out of 8 hours. Has the added benefit that long P2P sessions would drop before you can download that Blue-Ray movie.

      If you have an open router, you still won't get access because you'll need a SIN and your ISP password.

      If someone steals your SIN and password:
      a) will only work with the same ISP (we can track your location)
      b) we reset your password
      c) hold you liable for all infringement because you couldn't bother to install a AV to prevent that trojan that captured your login

      Coming next year: digital certificates stored on an ISP-issued smartcard. Only $10/month and you can surf unrestricted, rather than just Class A web sites.

      Sent from my AT&T McDonalds General Motors Bayer iPad.

    4. Re:I can solve this problem by Bucky24 · · Score: 1

      So how would sessions be tracked?
      By cookies? Those can be spoofed (firesheep showed us how easy that is).
      By MAC address? Also spoofable.
      By a line in the registry? Wouldn't work on computers that don't have a registry, and is also easy to duplicate.

      I didn't assume password stealing was a problem, since that can even be tied to specific modem if need be. Plus, I don't generally torrent for longer than 8 hours anyway. I can wait to download the bluray movie the next time I get access via my neighbor's router (bittorrent is quite good at resuming downloads).

      The digital certificates on a smartcard is actually very probable, but certificates have their faults (read the slashdot articles on the CA that got hacked).

      --
      All the world's a CPU, and all the men and women merely AI agents
    5. Re:I can solve this problem by Anonymous Coward · · Score: 0

      Will not work. There is the issues of phishing, keyboard loggers, malware, botnets etc.

      Provingwho did things, with without reasonable doubt, is difficult. They need to monitor when person comes home and starts filesharing, and that it stops when he leaves again. But if he remote controls it using logmein, that is also not enough. They need to use hidden cameras to capture pictures of him with a hot rod in one hand, watching the smut he just pirated.

    6. Re:I can solve this problem by Anonymous Coward · · Score: 0

      Why on earth would ExxonMobil care?

  18. Dont touch my fridge beotch by sgt+scrub · · Score: 1

    Considering a large % of people on slashdot, me included, have stuffed computers into everything except the pancake mix, and I could be wrong about that, those pricks better have a lot of time on their hands.

    --
    Having to work for a living is the root of all evil.
    1. Re:Dont touch my fridge beotch by Anonymous Coward · · Score: 1

      The problem with the pancake computer is that the wife throws it out when the mix goes bad.

    2. Re:Dont touch my fridge beotch by rubycodez · · Score: 1

      indeed, bricks of cocaine and wrapping paper with blue packing tape work much better for packing in a PC than pancake mix bags. no one will ever think to look in those.

    3. Re:Dont touch my fridge beotch by ksd1337 · · Score: 1

      This will be The Year of the NetBSD Toaster!

    4. Re:Dont touch my fridge beotch by Anonymous Coward · · Score: 0

      Motherboard sniffing dogs!

      Here buddy! (dog wags tail)
      In the cupboard!
      VonGermanJiber(code word since police dogs speak German or Russian or something.)
      (Dog leans forward as if to pounce, but starts doing a typing motion with his front paws)
      Everyone back! He's got a motherboard in here somewhere, the dog just indicated!!!!

      (maybe someday)

    5. Re:Dont touch my fridge beotch by vlueboy · · Score: 1

      Which leads me to wonder whether there are toilet-puters built into the seat somehow. I do NOT want to google this particular contraption, but if there is, experience shows it will be surerly a Japan-made upgrade to their widespread "smart" bathrooms.

  19. Re:Really? First accepted Story? by kakyoin01 · · Score: 3

    This, although I don't particularly mind seeing it in the submission. What I do mind, though, is that /.ers whine about it and point it out like a sore thumb. "Bawwww, the article is from a first poster, we must bring attention to this and ridicule him/her!"

    --
    The more you know, the more you have to say and the more you should listen.
  20. That makes EVERYONE a suspect. by Anonymous Coward · · Score: 0

    I would tell them to go fuck themselves. Then I would get the highest profile lawyers in the world to smash his cases to pieces law boy.

    1. Re:That makes EVERYONE a suspect. by Maximus633 · · Score: 1

      With what money?

  21. just the home? by Anonymous Coward · · Score: 0

    More like every user in the neighborhood. Wait, what if the thief was mobile? Better set up roadblocks at the state lines!

    1. Re:just the home? by Narnie · · Score: 1

      Exactly, buy why stop at state lines? Roadblocks should be added at all on-ramps and city limits--complete with the body scanners and invasive pat-downs. Homes should also have bars on the windows and officers can check each night at lights-out to make sure the family is safely locked inside to keep BadPeople (tm) from getting them.

      We need protection from these long haired, pot-smoking, towelhead, bomb-carrying, terrorist-pirate-molesters. Think of the children.

      --
      greed@All_Evils:~#
  22. A computer can be used remotely. by FellowConspirator · · Score: 5, Insightful

    Just because the computer in question shared a file doesn't mean anyone in the house did it or was even aware of it. For that matter, there are trojans and viruses more than capable of establishing a personal computer as a file-sharing node without the knowledge of the owner / operator. The person at fault is the person that intentionally caused the content to be shared, not the computer owner or operator(s).

    1. Re:A computer can be used remotely. by davegravy · · Score: 1

      You are right of course, BUT

      Are you suggesting you want a MAFIAA representative knocking on your door every month for a mandatory home network security audit, paid for using your tax dollars? Because that is the next logical step for these bastards if the courts take your approach.

    2. Re:A computer can be used remotely. by misexistentialist · · Score: 1

      The law isn't too concerned with justice. You can be imprisoned for drugs found under the back seat of your car.

    3. Re:A computer can be used remotely. by brainzach · · Score: 1

      Claiming that a trojan unwillingly downloaded copyrighted content on your hard disk and seeded it via bit torrent is a weak defense.

      If you want to claim that such a trojan exists, you better prove that it was on the system.

    4. Re:A computer can be used remotely. by Maximus633 · · Score: 1

      They are welcome to knock on the door and request a mandatory security audit. However you need a court order to get in my house if I haven't invited you or you will face my friend Ann Ruger and her associates from L. Ead and Co.

      The fact is that anyone that is using a computer yes should secure it but the fact is its too complicated for the typical AOL user. In this case I feel that they need to establish the fact that a person DID something (identify the actual responsible person) before doing something even remotely close to this.

    5. Re:A computer can be used remotely. by davegravy · · Score: 1

      They are welcome to knock on the door and request a mandatory security audit. However you need a court order to get in my house if I haven't invited you or you will face my friend Ann Ruger and her associates from L. Ead and Co.

      You would have every right to turn away the representative, but the consequence would be that your internet connectivity license would be immediately revoked. If the MAFIAA needs to be able to prove that you have control over your network in order to successfully sue you in court for piracy, then you having access to the internet must be contingent on the MAFIAA being able to prove that you have control of your network. We can't have people downloading pirated material and then have no way to prosecute them! (/tongue-in-cheek)

    6. Re:A computer can be used remotely. by ravenshrike · · Score: 1

      And if spybot, avg, malwarebytes, or windows defender got rid of it?

    7. Re:A computer can be used remotely. by Anonymous Coward · · Score: 0

      Not only that, but there may not be ANYTHING on the HD, They could be using them as part of a proxy system.

    8. Re:A computer can be used remotely. by Maximus633 · · Score: 1

      Okay so you pull my internet. I refuse to have the MAFIAA state that in order for me to use a private/public network is based on maintaining their making sure their copyrights aren't violated. The end question becomes where do my rights end and theirs begin? In this case the Internet is used for other things that have nothing to do with violating copyrights. Though I guess we could say that in order to sell CD's you maintain a price range that allows all social classes of people easily afford it. I would say 10 cents a song is fair.

    9. Re:A computer can be used remotely. by Maximus633 · · Score: 1

      Logmein! It's a trojan and someone just hacked my username and password.

    10. Re:A computer can be used remotely. by brainzach · · Score: 1

      Well you can look at the log records to see.

      Claiming that a trojan is responsible for such an activity is highly implausible, so you would need evidence to support your argument.

      If you are accused of sending spam or getting porn pop ups, then it would be a plausible explanation because that is what trojans normally do.

    11. Re:A computer can be used remotely. by sjames · · Score: 1

      I'd absolutely love to see them try! They might finally run across the well deserved Winchester Constitutional defense.

    12. Re:A computer can be used remotely. by Yamioni · · Score: 1

      I say make it 25 cents a song. 15 cents goes to the artist, 5 cents goes to the producer, 3 cents goes to the distributor, and 2 cents goes to the label. Just my opinion. My distribution reflects how much influence I feel the various parties affect the end result, though admittedly, the money going to the distributor and label are just for overhead so they can continue to manage and organize things. The artists and producers are the only ones that actually deserve to be paid for the work they do.

      --
      Cool post bro, highfive \o
  23. Paranoid much? by Anonymous Coward · · Score: 0

    Seems like an awful amount of work. Just setup disk/file encryption of some sort. Personal favorite: Truecrypt.

  24. Re:Or, we can hope, sanity will prevail by TaoPhoenix · · Score: 2

    The **AA reality distortion field is apparently even stronger than Apple's.

    Hollywood can't bear to have someone copy Revenge of the Nerds 3. So they get as far as "We got this IP Address down to one household - but we don't know who in the household did it."

    The solution is of course - "confiscate all equipment in the household!"

    Or, we can hope, sanity will prevail...

    The Unholy Trinity of Prophetic Manuals is becoming 1984, Animal Farm, and Brave New World. Bonus Reading Fahrenheit 451.

    --
    My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
  25. Re:Or, we can hope, sanity will prevail by Anonymous Coward · · Score: 0

    The **AA reality distortion field is apparently even stronger than Apple's.

    Apple does not have a very strong RDF, their fanbase however...

  26. You're new here, obviously. by Anonymous Coward · · Score: 0

    We're irritated with the editors, nobody gives a damn if it's the submitter's first accepted submission.

    1. Re:You're new here, obviously. by kakyoin01 · · Score: 1

      I would agree with you, but you're making a huge deal about something insignificant. The actual summary of a story doesn't seem affected by the possible inclusion of whether or not this is a submitter's first accepted story. Sounds more to me like an excuse to heckle.

      --
      The more you know, the more you have to say and the more you should listen.
  27. Re:Really? First accepted Story? by SydShamino · · Score: 1

    Would you prefer the constants whines from people complaining that slashdot was/is in cahoots with the likes of Roland Piquepaille, and the only way to get a story submitted is to be a member of that club?

    Because I remember plenty of those posts back when Roland was alive and submitting. Now I see complaints like yours, which seem to be the exact opposite.

    Accept that most people aren't going to be happy no matter what, and agree to overlook a few words that cost you a few precious digital bits.

    --
    It doesn't hurt to be nice.
  28. Re:Really? First accepted Story? by Anonymous Coward · · Score: 0

    Nobody's complaining that this is the guy's first submitted story, they're complaining that the editors feel the need to point out such trivial information.

  29. A click into illegality _ by ego+centrik · · Score: 0

    The executive should recognize that downloading files is not the same as consuming them.

    Three examples:
    (a) Files are not marked as copyrighted material + can't be identified as such by netpeople before/after they start the load.
    (b) The download stays on the storage unopened.
    (c) User is closing the files, after a copyright warning came up.

    Downloading + consuming in the knowledge that it is copyrighted material is a violation. Otherwise _

    _ you can put up website with links to copyrighted material, save the User-IP (which is possible) and/or cut a deal with ISP's ( which is not necessary ), check out a netservice who is holder of the User-IP and let the lawyers do the rest.

  30. IP address proves nothing by dcavanaugh · · Score: 4, Interesting

    Although this is won't work with DSL because of PPOE login, with a cable modem your IP address is not proof of anything.

    Why? DHCP is not the only game in town. On many networks, you can take a DHCP-assigned address and determine the appropriate subnet mask, default route, and DNS server. But nothing really stops you from manually overriding the IP address, as long as you choose one in the same subnet that happens to be unused at the moment. The ISP can make this a little more difficult by remembering the MAC address associated with each address, but there are workarounds for that too.

    I became aware of this when my cable modem stopped working and the support technician discovered that my IP address was in use from someplace other than my house. In those days, all addressing was static. Some other customer had inadvertently (or deliberately) assumed my IP address. The tech gave me a new address assignment and everything worked. So whoever hijacked my IP address left the audit trail pointing to ME. The hijacker was (from an IP address perspective) invisible.

    1. Re:IP address proves nothing by sconeu · · Score: 1

      And if I put a wireless router on my LAN behind the PPPoE login?

      Back to square 1.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:IP address proves nothing by Anonymous Coward · · Score: 0

      I am currently finishing up 18 months of federal grand jury service (two days a month). We hear numerous cases each session. While we have had no file sharing cases related to the music industry, we have heard numerous child-porn sharing cases as child porn is a federal crime.

      Generally a federal agent or some other agency is using one of the typical file sharing programs and searching for those sharing porn files (identified via certain key words in the file names). Once a porn file has been retrieved and the content confirmed, the IP address of the sharing source is noted.

      In all cases we have heard so far, the service provider is queried. And in all cases that have come to trial, the internet service provider had a database of which cable modem (or whatever) was assigned which IP addresses at any specific time. That seems to be a common practice. They then look up the account holder for the MAC address assigned at the time the porn file was downloaded, and report the name and residential address to the authorities.

      In every case I have heard so far, all computers and removable media and USB drives in the residence were confiscated and searched at a government facility.

      Personally I have no issue with that when it comes to child porn.

      Does that happen with music file sharing? I don’t know.

    3. Re:IP address proves nothing by dcavanaugh · · Score: 1

      And if I put a wireless router on my LAN behind the PPPoE login?

      Back to square 1.

      Not really. No matter how many PCs you have on your LAN and no matter how they are connected to your router, outgoing traffic from your router hits the Internet with the IP address of the WAN port of your router. When your router logs in via PPPOE, it identifies you when it picks up an IP address as the result of a session that identified your ISP account. You might be able to play games with that address, but I suspect your session will drop.

      You could claim the traffic in question came from unauthorized clients connecting illegally to your LAN, but that involves claiming that your wireless was either unencrypted or hacked. You might (or might not) get sympathy with that argument. Certain routers have a nasty bug in which they spontaneously reset to factory default (zero security) settings. Or you could just play dumb... "I didn't realize other people could use my wide-open Wifi connection". Somewhere in between is WEP security. It proves an attempt on your part to establish a secure network, but the tools to hack WEP are readily available and very little skill is necessary. And yet the WEP option remains available on most routers because legacy Wifi cards may not support any other encryption protocol.

    4. Re:IP address proves nothing by dcavanaugh · · Score: 1

      That database of address assignments is essentially a DHCP log file. And if the ONLY way to get a working address was via DHCP, it would be an accurate record. But that is not always the case. Although I have no doubt the ISPs _think_ they have records that explain all of the addresses on their network, the senior techs know better. The method I described in the parent post would allow a user onto the network in such a way that DHCP records are meaningless.

      The MAC address might be a bit tricky, but remember that many routers allow you to override the MAC address, just as you can override the IP address.

      Whether or not juries are taking ISP-provided DHCP records as absolute proof of identity, it is possible to destroy the credibility of DHCP logs on a cable modem network. With a trivial amount of work, you can get your computer to quietly assume an IP address that was not assigned (or logged) by DHCP.

    5. Re:IP address proves nothing by RajivSLK · · Score: 1

      I'm not sure how they setup there networks but it would be easy, if they had a properly segmented network, to require dhcp or a properly authenticated ip for you to connect. It's pretty trivial. It's not 1996 anymore. For example: Lets say your cable modem is connected to port 13839- the switch, router, or transparent firewall or whatever equipment they choose to use could simple not forward your traffic if the destination ip or source ip doesn't match the ip that was assigned to your specific port. Period. Short of finding a flaw in the device there is no getting around that.

    6. Re:IP address proves nothing by Anonymous Coward · · Score: 0

      Nice.

      And yet we still passed HR 1981, which requires that your ISP keeps IP address logs for 18 months.

    7. Re:IP address proves nothing by Anonymous Coward · · Score: 0

      Passwords can be stolen. They don't prove identity.

    8. Re:IP address proves nothing by Anonymous Coward · · Score: 0

      As you say, address assignments CAN be locked down on a properly segmented network. And on some cable systems they might be. Not the ones I have seen, but that's the difference between a theoretical ideal configuration and real life. Not every ISP is thinking that far ahead. Think lazy, think cheap, think outsourced. Whenever I bring up the subject, responses range from "We solved that problem years ago" to "Yep; that would work on our system but we don't like to admit it."

      Nobody has to take my word for it. The truth is as close as the network settings of whatever you have attached to the Ethernet port of your cable modem. Your actual mileage may vary.

      This is a discussion worth having, not so that everyone can go off and hide their IP address, but they should be alert to the possibility of false accusations because someone impersonated their address.

    9. Re:IP address proves nothing by Anonymous Coward · · Score: 0

      Good luck! I hope it does not extended by another 6 or 12 months. Mine did :(

    10. Re:IP address proves nothing by alexo · · Score: 1

      In every case I have heard so far, all computers and removable media and USB drives in the residence were confiscated and searched at a government facility.

      Personally I have no issue with that when it comes to child porn.

      Given what falls under the definition of CP, you bloody well should have.

      Consider the following fragment of (bad) prose: "... then I took of her blouse and started playing with her nipples. She had amazing tits for someone 41 years old".

      Nothing special, right? Crap like this can be found in paperbacks available in book-stores and public libraries, PG-13 movies, what have you. BUT, reverse the digit order and suddenly just writing a couple of sentences becomes a crime of the highest degree, punishable by ruining the person's life forever.

      Think that can never happen? Well, it does in Australia, Ontario, Ohio, etc.

      Hell, even federal judges have an issue with the fact that mandatory sentences for possessing CP are harsher than those given to actual child abusers.

      So, if I happen to meet you and hear that, in the course of your jury duty, you helped put away a child molester, I will happily treat you to a beverage of your choice. However, if you were instrumental in ruining the life of somebody whose only crime was committing his fantasies to paper, the tone of the conversation will be very different.

    11. Re:IP address proves nothing by Akzo · · Score: 1

      You are greatly underestimating modern network hardware.

      --
      Sig is for Signature, so you don't have to manually sign every post.
    12. Re:IP address proves nothing by Anonymous Coward · · Score: 0

      your IP address is not proof of anything.

      Many people have mentioned that even if a 3rd party gets your email address that that does not prove who did the transferring. I just want to point out that as long as we are in the civil realm of copyright infringement, the person suing need only "prove" you were pirating by a preponderance of the evidence. Put another way, a judge/jury need only be 50.001% sure the 3rd party has "proven" you did what they allege. It is all well and good to talk about proof in the sense of beyond doubt, but that is not the standard. So don't think you couldn't get pinned with it, even if they cannot "prove" you did the pirating.

    13. Re:IP address proves nothing by dcavanaugh · · Score: 1

      I agree that modern network hardware can be configured to prevent IP address swapping. But implementing such a tamper-resistant configuration requires modern hardware and competent admins -- at a cable ISP. I have no doubt such things exist, but in my experience they are in short supply.

      You underestimate the gap between what you know is technically possible and what others have the aptitude or willingness to do. For years, people have been insisting that static IP addresses guessing is impossible. And for years they have been wrong. Some day we might have automatic rock-solid defenses against such a thing. But until that day comes, I will assume the worst.

      I did not intend to offer a tutorial on how to play musical chairs with IP addresses, but anyone with basic networking skills can find the necessary tools to evaluate the risk on their network. Even if you have no intention of playing games with your IP address, it's worth knowing whether or not you could be the target of a false accusation when someone else decides to borrow your address. Depending on the capabilities of your ISP, it might work. Or it might not.

    14. Re:IP address proves nothing by dcavanaugh · · Score: 1

      You have a good point about the standard of proof in a civil case such as copyright. But if IP address is central to identifying the defendant and the defense manages to demonstrate the ability to morph their IP address at will, the level of certainty won't be anywhere near 50%.

      If other factors contribute to circumstantial evidence (e.g. the file in question exists on the defendant's computer), the plaintiff can certainly try to rebuild the case without the IP address. If the flawed IP "evidence" is the justification to search a computer, it would not be easy to challenge the results of the search even if the defense undermines the basis for searching the computer in the first place. That's where your 50.001% fits in.

      I wouldn't rely on undermining the validity of an IP address to get away with doing illegal things. Not everyone can skate away from trouble like Casey Anthony and OJ Simpson. But if a case against me depends entirely on an IP address that is literally up for grabs when my equipment is turned off, that's another story.

    15. Re:IP address proves nothing by Technician · · Score: 1

      The connection between the modem and the ISP contains the modem MAC address. Why was this not brought up yet? Unless the modem was not provisioned by the ISP, the duplicate IP address could have been locked out by the ISP.

      Does anyone in the cable industry or network engineers visit Slashdot?

      --
      The truth shall set you free!
  31. About time... by hesaigo999ca · · Score: 1

    About time that someone has some common sense in the judicial system. I have very rarely heard judges having this much common sense when it comes to computer technology. I am glad now that we can at least make a small step forward in judicial cyber hearings.

  32. MAC Logs by lymond01 · · Score: 1

    We need to keep logs of our DHCP servers for 6 months (which is about twice as long as it takes for a DMCA notice to find its way to us).

  33. Re:Really? First accepted Story? by conspirator23 · · Score: 2

    As has been pointed out in previous bitch-fests about this, it's a way to encourage a more diverse range of submissions by communicating to users that they are welcome to submit stories even if they're not part of the Slashdot Cabal. Of course, many hardcore nerds LOVE to be part of clique-ish cabals. So I assume you're one of those knee-jerk noob haters as well as an AC. I would guess that the recent high frequency of "first time submitter" mentions is because this plan is ACTUALLY WORKING. Get over yourself.

  34. Re:Really? First accepted Story? by hairyfeet · · Score: 4, Interesting

    Weeeellll...considering the fact it has been slashvertisement city here as of late frankly we ought to be damned happy that it isn't some more Infoworld or that other site (you know, the one that had the brass balls to put a FIFTY ONE PAGE TFA under "Best FOSS software!" like a giant douche?) so personally I say welcome aboard dude.

    As for TFA, yeah that is ALL we need, considering their "detection software" said a fricking laser printer was file sharing, is to give these douches an excuse for a fishing expedition on EVERY PC IN THE HOUSE. Be honest guys, how many of you have receipts for every bit of media, software, movies, etc, that you have? I know I'm moved 4 times in the past 5 years and have NO clue as to where half of my damned discs are. That was kinda the whole point of backing everything up onto a HDD as it is a hell of a lot easier to keep up with a USB HDD that holds thousands of discs worth of stuff than it is to keep up with thousands of discs.

    I know some got crunched and tossed when my amp fell over on the box (boy that was a mess!) some are in storage, some I lent to my mom (whom I'm sure has promptly lost them or her damned goat of a dog had them for lunch), some I lent to friends (yeah good luck seeing THOSE again, hell I don't even remember who has what), some are in storage and some lord only knows where I put those boxes.

    Personally as much as I hated Wesley Crusher I saw a video of Wil Wheaton at some convention and he nailed it "Make it simple for people to have the files legally" because as Gabe at Valve pointed out the pirates are offering a better value. I should be able to buy a disc ONCE, register it, and that's it, I'm done. i should from then on be able to put it in any damned format I like, toss the disc, whatever, I paid and I'm done. The IP bullshit is the only damned thing I can think where they say it is property AND/OR a license, apparently on the whim of the IP asshole. If I have the disc I only have a license, but then I lose the disc I only had the media and need to replace, WTF?

    If I would have kept up with every single disc I swear i wouldn't be able to even walk in my damned apt, and if scum sucking lawyers like in TFA start using that excuse to make fishing expeditions frankly we're all fucked.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  35. So, so silly to think IP=person by xkr · · Score: 1

    1) Go into an apple store and download porn using their free wi-fi. You don’t need to keep you laptop open, or anything. You can use the hour or so it takes for your genius bar appointment.

    2) Use the free wi-fi at a Starbucks; might be a bit slow.

    3) Use the free wi-fi from any hotel parking lot. You might have to ask the clerk for the password, or maybe a housekeeper.

    4) Use the unprotected wi-fi in your neighborhood. There are usually several. I recommend checking out senior housing. Sometimes a resident has died but the network stays up for years.

    5) Download a cracking tool and crack WEP in 20 seconds. Most residential networks are protected on WEP.

    6) If anyone can think of a solution to plug copyright leaks, no matter how crazy, let me know.

    --
    I will create a sig when innovation restarts in the U.S.
    1. Re:So, so silly to think IP=person by fostware · · Score: 1

      1) Go into an apple store and download porn using their free wi-fi. You don’t need to keep you laptop open, or anything. You can use the hour or so it takes for your genius bar appointment.

      Obviously not a Mac user... :)

      Macbooks sleep as soon as you close the lid, as it controlled by hardware. You can't drop the lid like you would on a pc in a docking station - thanks Apple!
      Only exception is Target Disk mode, but that only connects via FireWare...

      Not a fan, just Apple certified because it was an easy cert to add to the CV :P

      --
      "We know what happens to people who stay in the middle of the road. They get run over." - Aneurin Bevan
    2. Re:So, so silly to think IP=person by xkr · · Score: 1

      You don't close it all the way. Leave it open about an inch. Macbooks, being well designed, don't fall closed. Pretty hard to watch porn through that one-inch crack (no pun intended). Don't they test you on that in the Cert test ??

      --
      I will create a sig when innovation restarts in the U.S.
  36. hey, I learned something new today! by Anonymous Coward · · Score: 0

    (+1, informative)

  37. Re:Or, we can hope, sanity will prevail by just+fiddling+around · · Score: 1

    Revenge of the nerds 3 ? ewwwww. At least it was better than Revenge of the nerds IV! *shudders*

    --
    You're not old until regret takes the place of your dreams.
  38. Search whole household is FAR from enough by Anonymous Coward · · Score: 0

    I've got news for you. From that you'll probably learn that an IP address doesn't reliably identify a household full of computers either, let alone who might be using them.

  39. Willful blindness by tepples · · Score: 1

    I see that as the underlying issue of prosecuting people who had no knowledge of a crime. How can I choose not to commit one if I am not aware I am making one?

    When you leave an AP open despite government-mandated warning labels not to,* you choose to make yourself unaware that you could be facilitating crimes or torts. It's a form of recklessness called willful blindness, and a copyright owner suing an AP operator might rely on In re Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003).

    * I'm not aware of any such warnings being required yet, but it's likely to happen.

    1. Re:Willful blindness by firex726 · · Score: 1

      We'll cross that bridge when we come to it, but for now, could I not claim that reasonable precautions were made, since my ISP is also taking precautions to prevent it. Such as blocking common P2P ports. At the end of the day short of disabling my wifi someone who is determined enough could find a way to use my AP to pirate.

    2. Re:Willful blindness by Moryath · · Score: 1

      If they don't want them to be left open, then they shouldn't be SHIPPED open. Plain and simple.

    3. Re:Willful blindness by EvilJoker · · Score: 1

      This is actually a very valid issue- I have seen a number of home routers, from all major brands, that for one reason or another, revert to factory settings - i.e. open and unsecured. This can happen for an extended period for a number of reasons:

      1. The user is not knowledgeable, and when the connection changes, he finds the network he recognizes, since typically it is the brand of the router.

      2. The user is not paying attention (many systems are set to automatically connect to any open AP, out of the box; use of WiFi at multiple locations, including one that was unsecured and ends up in the list of preferred networks)

      3. The user is not using that feature- non-WiFi home routers are virtually non-existent, and I regularly install WiFi routers (and disable the WiFi) for people on wired connections. If these were reset, they would never even be able to tell.

  40. LiveCD by Taty'sEyes · · Score: 1

    Would there be any trace on a computer that shared the file if it were booted from a LiveCD and the copyrighted work was stored on flash? (other than on the flash drive that is...)

    --
    We show geeks how to get their dream girl at EyesOfOdessa.com
  41. Yay for NAT... by Bert64 · · Score: 1

    As ipv4 increasingly runs out, and more people find themselves natted behind a single address shared with hundreds of others, the harder it becomes to track down individuals...

    --
    http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    1. Re:Yay for NAT... by unixisc · · Score: 1

      Do you actually think that ISPs are stupid enough to let themselves be the final point when the feds come looking? Their DHCP records probably have a look-up of all the non-routable addresses and the MAC addresses that they are linked to, and chances are that the ISPs make them static so that they can have each user locked in w/o risking losing the address. Yeah, a user could use a Wi Fi router and NAT even further, but the cops would then be @ that users neck, and s/he'd basically have to either rat out everybody who uses that network, or battle it in court.

  42. Every computer in household? by Paracelcus · · Score: 1

    Even the wifi tablets? the netbooks? the laptops? the wifi cell phones?
    What if they are encrypted?
    What if they use removable storage (SDHC)?
    What if the device ain't home?
    The legal system is out of touch with reality.

    --
    I killed da wabbit -Elmer Fudd
    1. Re:Every computer in household? by psydeshow · · Score: 1

      Totally. I use the smart panel in the refrigerator to download and store all my pirated movies.

  43. Re:Really? First accepted Story? by Anonymous Coward · · Score: 0

    I know some got crunched and tossed when my amp fell over on the box (boy that was a mess!) some are in storage, some I lent to my mom (whom I'm sure has promptly lost them or her damned goat of a dog had them for lunch), some I lent to friends (yeah good luck seeing THOSE again, hell I don't even remember who has what), some are in storage and some lord only knows where I put those boxes.

    You should consider putting some of the discs in storage.

  44. Re:Really? First accepted Story? by frisket · · Score: 2
    Well said.

    And goodluckwiththat if they want to search every computer that has used my IP address; that includes the 10 or so in the house, virtually every relative and friend who has come a-visiting, several business associates and clients, members of assorted local clubs and social committees who rotate to my house for meetings, neighbours and their kids on occasions when their own connection has been down, and every random joe and jill who has benefitted from my FÓN shared bandwidth.

    Don't forget these lawyers don't actually believe all this crap about licensing and ownership. They know perfectly well it's bullshit, and that the legal framework for IP is broken in the gutter, but their employers and clients pay them money to pretend. It's their job to lie to us. That's what makes them lower than vole scrota.

  45. EFF Open Wireless Movement by stixn · · Score: 1

    Not one comment about the EFF Open Wireless Movement. that was covered on /. back in April.

    It's a cause I believe in and I try to do my part. Around my house an open network called EFF Open Wireless is available from 9am - 6pm. You're welcome to use it if you ever see it :-)

  46. Internet driver's licenses by tepples · · Score: 1

    they'll just accuse you of not turning it over.

    And possibly even win on that accusation, combined with an accusation of failure to log or retain DHCP leases.

    And a white list impinges too much on basic functionality unless you add everything in the world to it, but if you do then it isn't doing what you want it to -- it isn't my job to run the censorship board.

    Copyright owner trade associations might argue that you've made it your job to run the censorship board by opening your AP to the public.

    You don't need a license to use the internet.

    Not yet, but see previous stories about Microsoft's strategy VP Craig Mundie and U.S. Commerce Secretary Gary Locke sincerely floating the idea of "Internet driver's licenses".

    1. Re:Internet driver's licenses by Anthony+Mouse · · Score: 1

      And possibly even win on that accusation, combined with an accusation of failure to log or retain DHCP leases.

      What would even that get you? You would then have the MAC address -- does that help if it was some random passerby and you still have no clue who owns that computer?

      Copyright owner trade associations might argue that you've made it your job to run the censorship board by opening your AP to the public.

      Copyright owner trade associations might argue that someone who has committed copyright infringement should pay to the tune of one trillion dollars, or that people should be kicked off the internet for downloading music, or that you need a license to play a CD that you bought on your computer because the computer copies it while playing it. And these are not even exaggerations. Copyright owner trade associations are completely out of touch with reality.

      Not yet, but see previous stories about Microsoft's strategy VP Craig Mundie and U.S. Commerce Secretary Gary Locke sincerely floating the idea of "Internet driver's licenses".

      These people have done nothing but demonstrate that they are fools. The internet is a right, not a privilege. It is replacing all of its predecessor communications media, and the day is not far when it supplants them entirely and the other media cease to exist in any significant way. Consider how ridiculous it sounds to propose licensing printing presses or punishing someone by refusing to deliver their mail. It would never pass constitutional scrutiny, it would never be enforceable in practice anyway, and even if it somehow was it remains nothing but the morally bankrupt refuge of desperate dinosaurs longing for a police state.

  47. But it does ID the account holder by nurb432 · · Score: 1

    And you are responsible for all activities on your account.

    --
    ---- Booth was a patriot ----
    1. Re:But it does ID the account holder by Anonymous Coward · · Score: 0

      That's why I put the account in the dog's name.

      The dog is owned by my daughter. Yes, legally. And she is too young to be sued.

    2. Re:But it does ID the account holder by Anonymous Coward · · Score: 0

      Does your dog pay his/her bills as well?

  48. Wholesale search card? by nurb432 · · Score: 1

    Sounds like they are trying to get a wholesale warrant to search anything they want, just to due suspicion reported by almost anyone.

    Even if they had to have 'evidence', that is easy since so many people have WIFI now.

    --
    ---- Booth was a patriot ----
  49. IPv6 will allow individual identification by h00manist · · Score: 1

    I don't know how are IPv6 numbers to be distributed, if there will be some way to link the IP to a single person. But as they connect directly to servers with their own IP, they will leave a record of the individual computer, instead of the IP of the router.

    --
    Build your own energy sources from scratch. http://otherpower.com/
    1. Re:IPv6 will allow individual identification by ScrewMaster · · Score: 1

      I don't know how are IPv6 numbers to be distributed, if there will be some way to link the IP to a single person. But as they connect directly to servers with their own IP, they will leave a record of the individual computer, instead of the IP of the router.

      That's the fallacy of the media industry's legal arguments, that an address can in any way identify an individual infringer. What astounds me is how that argument has worked so many times in court. I mean, my God, let the defense get some of the people in this thread up on the stand as expert witnesses: it wouldn't be hard to completely demolish these fools. Yet that rarely seems to be happening, which leads me to believe that a lot of the RIAA's victims are not receiving an adequate defense.

      The absolute best that you can do is identify a computer system that might (or might not) not have been connected to the Internet at a specific time, and that only if that machine was assigned an address by the user's ISP. Even then, in the same way that a postal address cannot guarantee that a given communication is received by the desired person, neither can an IP address identify a specific person. It gets worse than that: in my house, for example, I have several computers and portable devices that are allocated local non-routable addresses by my DHCP server. On top of that, those addresses change now and then. I also allow certain visitors to use their mobile equipment on my connection. Good luck trying to figure out who did what on the Internet in that environment.

      Another big problem with the use of IP address to detect infringement is that they frequently depend upon ISP log entries. I don't know about you, but I wouldn't want my future dependent upon the real-time clock chip in some server box somewhere, running logging software that was never intended to be used for legal proceedings.

      The RIAA is full of crap, has always been full of crap, and they need to be taken down. Hard. There's been talk of applying the RICO act in some of their cases: I hope that happens and some of their lawyers get put away for twenty. The problem is, the Justice Department is just full of ex-RIAA attorneys, so I don't see that happening any time soon.

      --
      The higher the technology, the sharper that two-edged sword.
  50. Re:Really? First accepted Story? by AvitarX · · Score: 1

    the only IP lawyer I know very much believes in IP. And I know him well enough that he'd be honest.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  51. THINK OF THE CHILDRUNS by Anonymous Coward · · Score: 0

    Unless your point is that people should not allow honest members of the public to use their wifi, in which case I will respond that the state should stop allowing honest members of the public to use their streets, since there could be drug dealers etc.

    Well, after all, we've somehow gone from punishing people who are driving drunk because they might hurt somebody - which was not terribly ethical but also not totally unreasonable - to purposely subjecting TSA staff to dangerous radiation because someone else entirely might hijack a plane.

    It's been a short trip from an understandable caution to full-blown cowardice, I guess.

  52. Re:Really? First accepted Story? by Anonymous Coward · · Score: 0

    No kidding. I've had ~5 stories accepted over the years ... as AC. I'll never get that wonderful feeling of acknowledgment :-(

    It's not relevant to the story whether or not it is the first accepted submission from a person or not, so I don't understand why that's added in there. Likewise, it's obvious if it's a story on Ars Technica that the submitter has either excerpted directly from it or paraphrased it. Again, "from which he's excerpted" is not relevant. We can *see* that.

    Who submitted and the source of the story remains relevant, so something like this would be appropriate: "phaedrus5001 points us to an article at Ars Technica that should be relevant to nearly anyone with an internet connection:"

  53. Re:Really? First accepted Story? by DJRumpy · · Score: 1

    I don't think they could do anything about your collection due to burden of proof. They should have to prove you'd downloaded them. I digitized a large portion of my collection. Some I've sold over the years at garage sales and whatnot. it would be ridiculous to expect someone would keep every disc ever bought. A huge portion of my older CD collection is now gone and digitized on my PC.

    I don't think it's illegal to copy your movies and music to a digital medium and then get rid of the physical (is there a lawyer in the house?)

  54. Re:Really? First accepted Story? by TeknoHog · · Score: 1

    Does it really matter? Do we need to know every time it's someone's first accepted story?

    From now on, I guess we do. Otherwise the subsequent first-posters will feel neglected. _MY_ first and only accepted submission was never put on a pedestal like this, for FSM's sake!

    --
    Escher was the first MC and Giger invented the HR department.
  55. Re:Really? First accepted Story? by Khyber · · Score: 1

    "it's a way to encourage a more diverse range of submissions by communicating to users that they are welcome to submit stories even if they're not part of the Slashdot Cabal."

    The problem with this is that you STILL need to pique the editor's interest.

    They've gotten too lame-brained to have any real interest in anything outside of computers. I've practically bypassed photosynthesis, and yet you hear NOTHING about it. Oh well, enjoy not knowing a fellow /.er is responsible for keeping you fed at a reasonable price for the next few decades. /. - News for Computer Science Majors, Useless for Other Topics.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  56. haha as i disconnect by Anonymous Coward · · Score: 0

    haha as i disconnect from side of users house and walk away as the feds show up running around looking for ...haha GONE

  57. Re:Really? First accepted Story? by Cwix · · Score: 1

    IANAL but I was under the impression that if you get rid of the physical media you are also supposed to delete any "backup" copies.

    I may be wrong though, so if you know better please do correct me.

    --
    You are entitled to your own opinions, not your own facts.
  58. Re:Really? First accepted Story? by nurb432 · · Score: 1

    If I would have kept up with every single disc I swear i wouldn't be able to even walk in my damned apt, and if scum sucking lawyers like in TFA start using that excuse to make fishing expeditions frankly we're all fucked.

    You mean when, not if. We are watching them lay the foundation for laws such as this where they can just point at a street block and shout 'search all those houses'. Or even to the point of the upcoming IPEA ( Information Property Enforcement Agency ) to drive around and randomly searching peoples ipods and laptops.

    --
    ---- Booth was a patriot ----
  59. Re:Really? First accepted Story? by russotto · · Score: 1

    IANAL but I was under the impression that if you get rid of the physical media you are also supposed to delete any "backup" copies.

    There's no right to back up anything but software. So the statutes simply don't have an answer for that; by the plain text of the statutes, if a making a copy for space shifting or for archival purposes is fair use, there's no bar on keeping that copy while destroying or even giving away or reselling the copy it was made from. This is because "keeping" a copy isn't one of the rights reserved to the copyright holder. I give the chance of any court upholding that interpretation at 0.0005%.

  60. IP6 by currently_awake · · Score: 1

    With IP6 we could permanently assign a static IP address range to every networked device (as is done with mac address), then dole out the addresses in that range one per user account. When you used the internet you would be uniquely identified (machine and user account). It wouldn't prevent people sharing accounts on a computer but it's close enough to get you a lawsuit.

  61. Re:Really? First accepted Story? by ScrewMaster · · Score: 4, Insightful

    and if scum sucking lawyers like in TFA start using that excuse to make fishing expeditions frankly we're all fucked.

    There have already been Constitutionality questions raised about many aspects of the RIAA lawsuit mill. In fact, we're already beyond the merely ridiculous, in both the outrageous claims these lawyers make, the "evidence" they present, what courts have been accepting from overpaid Armani suits.

    The thing is, there's some precedent for these kinds of fishing expeditions, and it doesn't even take a schlock outfit like the RIAA to start one. The first of which I was aware was the infamous Steve Jackson Games case, where the Secret Service took the word of a phone company (a phone company!) that wrongdoing had been committed, and caused quite a bit of damage. When it got to court they lost, and received a reprimand from the judge for their sloppy investigative practices.

    Law enforcement always tends to take the side of large corporate legal departments over individuals: the tragedy there is that the corporation can afford to pay for its mistakes, while the average citizen cannot and can easily be bankrupted.

    --
    The higher the technology, the sharper that two-edged sword.
  62. Re:Really? First accepted Story? by ScrewMaster · · Score: 1

    the only IP lawyer I know very much believes in IP. And I know him well enough that he'd be honest.

    I'm sure he does a good job for his clients. On the other hand, just because he believes in that which pays his salary absolutely does not mean that what he does for a living is good for society as a whole. I mean, that's like asking a surgeon if you need surgery. Don't be surprised if the answer is biased in his favor.

    I know IP lawyers too, and the honest ones admit that it's largely parasitic in nature, that overarching IP law is causing significant damage to both culture and industry, suppressing technological advancement, and transferring wealth at unprecedented levels to the pockets of large IP holders and their attorneys.

    They still send in their hourly bills though.

    --
    The higher the technology, the sharper that two-edged sword.
  63. Re:Really? First accepted Story? by retroworks · · Score: 1

    Ergo skip the summary? Why not skip the story? Why not skip /.? While I don't disagree per se, this criticism of the poster (timothy) would be stronger if it hadn't come from "Anonymous Coward". Anonymous Cowards criticize the original poster, if you are Outing the editor, say your name.

    --
    Gently reply
  64. Re:Really? First accepted Story? by AvitarX · · Score: 1

    He was visibly saddened by the abuse of Disney and BMW intellectual property (mostly trademark).

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  65. NAT is not a shield by unixisc · · Score: 1

    IPv6 allows individual users to have routable static addresses when they need it, such as their own websites. But it doesn't preclude them from having dynamic addresses either, which would probably be used while web surfing. Regardless of whether someone's router uses DHCPv4 or DHCPv6, if they use DHCP and use one of those changing addresses, it would be hard to ID which computer it came from.

    Granted, in a home, if somebody gets, say, a /64 from HE, just the Network ID part of the address might narrow down the search, but even that would only work if the home has only one computer using one address @ any time. If there are a bunch of computers & tablets @ home, say on a wireless network, then the person they're trying to trace would be untrackable, although there would be only a handful of people to investigate. But if it's a company w/ say its own /48, then depending on implementation, it may be tough determining the end user. If the network employs just static IP addresses, sure, the owner of the laptop that uses that address can be zeroed in on, but otherwise, if the company runs DHCP on its network, then unless it has a log of which IP address was mapped to which MAC address, they too can't do anything. And rounding up hundreds of people will be a lot more difficult.

    In short, if one was one of those IPv4 advocates who thought that NAT keeps you safe, you're mistaken. Switches would have the local address => MAC address mapping for IPv4 that can reveal a computer behind such a local address (unless that too was being changed very often). In short, regardless of IPv4 or IPv6, if the address used was a dynamic address, the address can't ID the user.

  66. IPv6 != loss of privacy by unixisc · · Score: 2
    Since I'm responding to a number of responses to this thread, I'll do it this way

    Not running out of IPv4 space.. not logic.. but the ability to identify traffic as coming from a specific computer vice "it came from that network". (yes I know there is IPv6 NAT.. but we are talking about the masses).

    I suspect you're going to be disappointed there, because an IPv6 address doesn't actually identify anything either. The only reason that you can even connect an IPv4 address to an account holder is that the ISP keeps records and people have been willing to assume that those records are accurate. With IPv6, the ISP will allocate a block of address to each account holder and the account holder will use them for their devices. The ISP won't have any idea which address allocated to the account holder was used for which device, and the address assigned to each device may change arbitrarily according to the whim of the account holder, who is not likely to keep any records and whose records naturally could not be trusted in any event.

    As I pointed out in another subthread 'NAT is not a shield', an ISP could provide the Network ID part of a private owner's address, but if that private owner has distributed addresses b/w the computers of different family members or even guests, that would be intrusive on other people in that network. The problem gets worse if one is talking about an office environment, where hundreds of employees could have to be tagged.

    Then they will have to make IPv6 NATs illegal, too.

    ISPs charge extra for more than one IP so anybody who has more than one device (PC, Tablet, TV, Smartphone, etc) will enable a NAT in their crappy router.

    This whole "gotta do anything to get all possible profit for media" is getting out of hand. But since people are OK with the TSA hand literally up their asses they won't mind having different hand on their wallets, too.

    If one gets IPv6, one will get not a /128, but a /64 address range, which allows one to have up to 2^64 addresses on one's network. If DHCPv6 is used, it'll be impossible to identify which device had which ID and when - particularly if all this is going thru a private wireless router. Currently, under IPv4, you're probably going thru multiple NAT layers, but under IPv6, the router could be assigned the Network ID, each SSID to a separate subnet, and then, under this router, addresses could be assigned using DHCPv6, thereby having dynamic IPv6 addresses and throwing off the scent. ISPs would charge the same for a single /64 as they would for for a single /32 under IPv4. In the latter case, one could either use just one device, or connect it to a switch and then NAT it, whereas in the former case, one can connect any number of devices (less than 2^64) to it. So the cost of the single /64 would be spread over all of them, instead of being dedicated to just a single address.

    There is no such thing as IPv6 NAT - by design, IPv6 doesn't have any NAT. All the NAT mechanisms that work w/ IPv6 are there for the purposes of interfacing w/ IPv4 private addresses - there is NAT 46, NAT64, NAT464, but absolutely no NAT66. Large Scale NAT is there in a v6 network, where the translation from v6 to v4 is done just before the address goes to a device that can just deal w/ IPv4.

    Who needs NAT? Autoconfiguration is just a standard way to pick a non-conflicting address, but since ARP is still part of the spec, you can choose any other as well so long as all other machines on that subnet agree to respect the same standard.

    Alternative standards exist already, including choosing a random address and sending out probe ARPs to see if it conflicts.

    So while only one machine at a time can have a particular IPv6 address, any computer on the subnet could have been that one if you so choose.

    Taken to the e

  67. Re:Really? First accepted Story? by unixisc · · Score: 1

    I'm happy I got an opportunity to post about IPv6 - be it someone's first or someone else's last.

  68. Re:Really? First accepted Story? by hawkinspeter · · Score: 1

    The whole idea that you (or any customer) has to keep hold of receipts and/or discs to prove that they aren't "thieves" is completely wrong. What happened to innocent until proved guilty?

    As far as I'm concerned, when I buy something, I'm not obligated to keep the receipts, packaging or any part of it that I don't want to keep. If someone thinks that I've stolen it, they'd better be able to prove that I did steal it and I'm not talking about a couple of lines from a server log indicating that an ip address has been associated with a partial file transfer.

    I really think that customers need to stand up and refuse to do any business with companies that try to brand us as crooks and thieves.

    --
    You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
  69. Also just in: Water is wet and hot coffee is hot. by xenobyte · · Score: 1

    This is not really news.

    The IP is ABSOLUTELY USELESS is a unique identifier of the person actually using the connection.

    First there's other cabled devices in the household.
    Then there's wireless devices, both in and outside the household, which again includes both neighbors and random 'wardrivers'.
    Lastly, there's malware on any of the above devices.

    In order to find the correct individual just about every device in the world needs to be searched, which is of course completely absurd.

    Oh, and I also remember a case where someone without wireless turned out to be sharing his connection with the neighbor wirelessly. The neighbor had actually broken in and connected a hidden access point to the network of the unsuspecting victim. This way he could use the connection without any chance of discovery (and if the access point was found. nothing would point back to him, except through analysis of the network traffic). His idea was based on a story he had read about a similar setup using a hidden cordless phone and long distance calls. So even though you don't use wireless technology, your resources might still be abused wirelessly.

    Actually, I've also heard about cabled abuse, mostly concerning electricity. It isn't exactly uncommon - especially in apartment complexes - to see 'creative' ways to circumvent the meter, from manipulations around the meter itself to 'secret' cables through walls and to utilities like street lights, powered junction boxes etc. Most of these gets found out due to the drop in their bills, not through discovery of the illegal cabling.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  70. Computer forensics, anyone? by Anonymous Coward · · Score: 0

    Well, if police finds a corpse in your garden, it's possible that SOMEONE put it there. The fact that the corpse is in your property doesn't prove that you perpetrated the murder. That's why there is a whole profession called forensics, to determine the conditions of a crime and help to find the guilty person.

  71. TOR Exit Nodes by Anonymous Coward · · Score: 0

    Worse yet, if you are running a TOR exit node in the household, then it could be anyone on the internet performing the offensive digital acts. So, in affect, until things like TOR are made illegal, having one makes it almost impossible to convict someone in the household of committing the crime.

  72. Re:Really? First accepted Story? by Em+Adespoton · · Score: 1

    Personally, I'd love to see an indication of number of submissions, frequency of submissions, and submission to acceptance ratio, along with someone's number of friends and foes posted beside their name at the top of posts, along with a way to filter out submissions based on these criteria. Age of account would also be a useful metric (so we can turf the submissiions that are from the same person creating new accounts to hide their foes list).

  73. Re:Or, we can hope, sanity will prevail by rdpratt · · Score: 1

    I didn't see it yet, my download hasn't finished. COME ON PEOPLE, SEED! oh ho ho ho ho

  74. Re:Really? First accepted Story? by overlordofmu · · Score: 1

    Isn't it possible this lawyer is a consummate actor and not actually a compassionate, unselfish person?

    Or true but a statistical outlier?

  75. excellent point by Anonymous Coward · · Score: 0

    "A file-sharing lawyer admitted this week that IP addresses don't by themselves identify someone accused of sharing copyrighted material online."

    This is an excellent point.

    If you want to stop worrying about getting
    sued for copyright infringement while
    using bitorrent, you should get a roommate
    who traffics in child porn.

  76. Duh by jweller13 · · Score: 1

    duh

  77. Re:Really? First accepted Story? by AvitarX · · Score: 1

    More likely the statistical outlier. I never said unselfish either.

    It wouldn't shock if part of why he believed it is due to the fact that it's what he does many hours a week for years. Not everyone reacts to that with cynicism, plenty of people drink the kool-aid. We (as a species) have a natural tendency to think what we do is useful, even when it's not.

    Also, when you deal with small picture part of things constantly it's real easy to not see the big picture. Practice of the law (and corporate more so) is so removed from the reality of the situation, that it would actually surprise me to find that most lawyers have any real concept of where they fall in the larger picture of their field. I would also say that as far as IP law goes, coming after legit trademark infringement is on the fairly noble side. If you eliminated copyright, trademarks would be the way to make sure you actually compensated the right person.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  78. legitimate is not necessarily legal by Mathinker · · Score: 1

    And no one in their right mind would think that it was legitimate to demand $1M USD for a disc. If an artist chooses to relate to his audience in such a way, I don't find it unreasonable that his audience would return the favor and choose to listen to his music without paying him (even if illegal).

    If by legitimate you meant "legal", you are correct, but many people might instead interpret "legitimate" differently.

  79. Re:Really? First accepted Story? by hairyfeet · · Score: 1

    Well my sitch would really fuck with them as I buy the games, but play the pirate versions so WTF would THAT mean? Why would I do that? Simple I'm on an X64 OS and I've found the DRM in most of those games are 32bit ONLY yet not only do you not get to take it back if their DRM doesn't run on your OS, but you don't get anything if their shitty DRM hoses your PC!

    A word of advice from your friendly PC repairman....if you go 64bit and play games keep lots of OS backups and watch out for mixing DRMs, like Safedisc plus SecuROM or Starforce plus SecuROM. You see the douches that makes those always assume you are on 32bit so their installers try to jam 32bit ring 0 hooks into a 64bit kernel, which is nuke bomb on stability bad, and then to top it off the uninstaller only works on 32bit so you can't even remove the fucker!

    But getting consumers to stand up won't work, as they are "too big to fail". They'll just bring in a PPT that shows if they made X last year they should be making X+Y this year and since they ain't it just HAS to be piracy! So they'll get more draconian laws, thanks to bribes.......errr....Citizens United...and if that doesn't raise profits they'll just get a too big to fail check directly from your tax paying pocket. You see it is the new socialism, in that all profits are privatized but all losses, real or imagined, are born by the tax payer. it would be like going to Vegas and being allowed to gamble all you want and when you are finished if you didn't win they give you back your money PLUS 300% "for your trouble". Must be nice to be in that elite club.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  80. Re:Really? First accepted Story? by hawkinspeter · · Score: 1

    If you feel that way, I'm surprised that you bother paying for your games.

    You could always put aside the money that you would have paid and instead buy DRM-free games or donate it to the EFF, but it's your money, so you can do whatever you want with it.

    --
    You're a temporary arrangement of matter sliding towards oblivion in a cold, uncaring universe
  81. Terms of Service by Technician · · Score: 1

    If you own the account and own the router, than you will be the first in line for legal action. Your best course of action short of kicking him off, is to block torrents at the router. Then if you get that letter, respond with your response to the first letter that came in. You blocked access due to violations of TOS.

    If you have not kicked him off or blocked torrents, it is time to cancel the account and let him sign up for the ISP connection. Then he is first in line.

    --
    The truth shall set you free!
  82. Re:Really? First accepted Story? by hairyfeet · · Score: 1

    I like the way the pretty boxes look on the shelves and with Amazon most are less than $10 so it is often easier and cheaper to throw one in when I need something and get free shipping. Also the problem with piracy is DLC is unavailable and frankly with some games the DLC is better than the game! Bioshock II was okay but Minerva's Den was frankly better than the main game IMHO. But I won't have any of the Ubisoft games, not dealing with the phone home crap.

    As for DRM free games I'm at over 35 from GOG now, and every time they have a game I'm even slightly interested in I buy it even though I haven't gotten around to playing even half what I have.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  83. Re:Really? First accepted Story? by Travelsonic · · Score: 1

    I thought the time shifting issue's more substantial cases - like Betamax - had to do with non-software media, but I could be wrong

    --
    If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  84. no need by allursolve · · Score: 1

    i think it's not a compel work to change your IP